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Chapter 1 - Lex Talionis

Published online by Cambridge University Press:  20 March 2026

Peter Garnsey
Affiliation:
University of Cambridge
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Summary

The Lex Talionis (‘an eye for an eye, a tooth for a tooth …’ ) was introduced by Hammurabi of Babylon, as a measure to control private vengeance and concentrate punishment in the hands of legitimate authority. It also carried the message that punishment should be proportionate to the crime, a principle that was pressed by progressive thinkers in later ages, such as Montesquieu. As the law was formulated, an offence committed merited an equivalent punishment: one eye for an eye, not two. Over time the Lex became the standard-bearer of backward-looking retributivism, which carries the idea that offenders deserve to be punished simply because of the offence they have committed. As such, it was an obstacle in the way of any burgeoning abolitionist thought, in particular because it prescribed ‘a life for a life’. The abolitionist Giuseppe Pelli attacked the Lex head-on. In doing so he drew on the diverse critiques of the Lex of a succession of earlier (non-abolitionist) thinkers. The Lex Talionis has staying power. It embodies a basic human conviction that retaliation is due for injuries suffered. As such, it is outside the law; it will coexist with, and survive, any legal environment.

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  • Lex Talionis
  • Peter Garnsey, University of Cambridge
  • Book: Rethinking Capital Punishment
  • Online publication: 20 March 2026
  • Chapter DOI: https://doi.org/10.1017/9781009760089.003
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  • Lex Talionis
  • Peter Garnsey, University of Cambridge
  • Book: Rethinking Capital Punishment
  • Online publication: 20 March 2026
  • Chapter DOI: https://doi.org/10.1017/9781009760089.003
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Lex Talionis
  • Peter Garnsey, University of Cambridge
  • Book: Rethinking Capital Punishment
  • Online publication: 20 March 2026
  • Chapter DOI: https://doi.org/10.1017/9781009760089.003
Available formats
×