Original scientific paper
https://doi.org/10.32984/gapzh.9.1.6
The Principle of Lex Talionis and Amendments to the Teachings on the Purpose of Punishment in Croatian Legal Theory
Vanja-Ivan Savić
; Pravni fakultet Sveučilišta u Zagrebu
Abstract
In this article the author explains the origins and meaning of the lex talionis principle which has a symbolical meaning in the Western (European and Anglo-American) legal systems as an old, harsh and severe rule which comes from the literary meaning of 'an eye for an eye and a tooth for a tooth' principle. The author presents argument which prove that in the Jewish legal tradition talion never meant to be severe, direct punishment of the same kind, but rather a solution for financial compensation. Talion was also meant to be a state controlled mechanism which sought proportionality and fair treatment in penal law.
Keywords
lex talionis; Jewish law; legal theory; criminal law
Hrčak ID:
207804
URI
Publication date:
7.11.2018.
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