The Principle of Reciprocity: Understanding the Lex Talionis
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The lex talionis, the law of the talion, which provides for the right of retaliation, has its origins in the Old Testament and in Hammurabi’s Code, and sets forth the basic formulation of reciprocity in response to moral injury. “An eye for an eye,” misunderstood as a mantra for the bloodthirsty, has attained a thuggish reputation. But it has an altogether different meaning. If anything, “an eye for an eye” is a check on excess. It demands exactness and has no tolerance for recklessness. The wrongdoer who causes someone to lose an eye will have to forfeit one of his own-no more, no less. And not out of pure hate, but in accordance with what is due.
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The talion establishes a boundary for human loss. A debt is created, and the avenger is entitled to take the measure of his or her loss as payback. The wrongdoer is entitled to no discount, and the avenger is held to a standard that allows for no excess. Society should always reject the wrongdoer who takes an eye and not the avenger who is duty-bound to even the score. Those who, like Gandhi, say “An eye for an eye makes the whole world blind” ignore their own moral blindness. Telling victims to accept their loss without recourse is not a sign of virtue – it’s proof of cowardice. Turning the cheek may have religious significance to practising Christians, but it is an awkward facial maneuver not readily practised in the moral universe where the repayment of all debts is mandated.
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There is a paradox in our distaste for “an eye for an eye.” Most people abhor having to accept discounts in their professional or private lives. Businesses insist that invoices be paid in full; landlords evict tenants who are delinquent in paying rent; retailers gnash their teeth at having to mark down an item that should have sold at full price; those who emerge from bankruptcy are often socially exiled for paying pennies on the dollar to satisfy their debts; marriages fall apart when one spouse simply won’t carry an equal load. The Beatles seemed to understand the principle when they wrote “the love you take is equal to the love you make”.
