Natural Law,Poetic Justice and the Talionic Formulation

Abstract

Significant elements of natural law are reflected in the statements of corporal punishment presented in biblical law. In relation to the “eye for eye” clause from the talionic formulation, it is suggested that acts of blinding were perceived also as a form of punishment of an offending organ and can, therefore, be classified as examples of “instrumental talion.” This is distinct from measures which focus on the character of the sinner, or the nature of his crime, which are differentiated as “reflective talion.” Both processes convey an underlying desire for poetic justice, evidenced in biblical and ancient Near Eastern sources, where aetiological explanations clarify accounts of serious injuries to the eyes.