lex talionis
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Liberty University *
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Law
Date
Jan 9, 2024
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docx
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Uploaded by AgentSteel11825
Lex Talionis
is the idea of "an eye for an eye," or "a tooth for a tooth." I believe this to be a
similar concept to do to others what you wish to be done to you. This belief explicitly states that
if someone has wronged you, you have the right to wrong them back. It is the role of the civil
state to enforce this belief, because if justice is seen as giving one it's "due" then this is an almost
direct interpretation of
lex talionis
. David VanDrunen,
Natural Law, the Lex Talionis, and the
Power of the Sword
, 2 LIBERTY U. L. REV. 945 (2008).
The bible seems to have many instances of contradictory statements when it comes to this belief.
In the sermon on the mount Jesus clearly states that "you are blessed when they insult you and
persecute you and falsely say every kind of evil against you," which I interpret to mean that the
people who stoop low enough to do anything against you are beneath you. You rise above them,
and are blessed when you remain humble and kind which is stated earlier in the
scripture.
Matthew
5-12 (Christian Standard).
However, this was not enacted in the book of Genesis. Adam was required to "love the Lord your
God with all your heart and with all your soul and with all your mind," which, leads toward a
description of owing God one's whole being / self.
Luke
10:27 (Christian Standard). When Adam
betrayed God, his consequence was the sin placed upon all of man. It would seem that this would
be a direct relation of
lex talionis
. David VanDrunen,
Natural Law, the Lex Talionis, and the
Power of the Sword
, 2 LIBERTY U. L. REV. 945 (2008).
It is important to have punishment for criminal acts, because there would be no incentive for
people to follow the law if there weren't. God also believes that we should follow the laws set
before us on earth, as it says in the bible "let every person be subject to the governing authorities.
For there is no authority except from God, and those that exist have been instituted by God.
Therefore whoever resists the authorities resists what God has appointed, and those who resist
will incur judgment. For rulers are not a terror to good conduct, but to bad. Would you have no
fear of the one who is in authority? Then do what is good, and you will receive his approval, for
he is God's servant for your good. But if you do wrong, be afraid, for he does not bear the sword
in vain. For he is the servant of God, an avenger who carries out God's wrath on the
wrongdoer."
Romans
13:1-4 (Christian Standard Version).
The first ten amendments to the constitution (The Bill of Rights), was formulated to people who
have been accused of crimes. Another set of rights that are given to those accused, are the
Miranda Rights. Miranda Rights are enforced when a suspect is being taken into custody, and
before they are interrogated. Every person accused of a crime should have their rights protected
because every person accused is innocent until proven guilty. Roger Leroy Miller and Mary
Meinzinger,
Paralegal Today: The Legal Team At Work
loc ch.13-7, 13-10a (8th ed. 2022)
(eBook).
Three important rules that can help guide a paralegal in criminal cases are not to "engage in,
encourage, or contribute to any act which could constitute the unauthorized practice of law; (b)
establish attorney-client relationships, set fees, give legal opinions or advice, or represent a client
before a court or agency unless so authorized by that court or agency; and (c) engage in conduct
or take any action which would assist or involve the attorney in a violation of professional ethics
or give the appearance of professional impropriety." If a paralegal follows these three rules, they
will protect themselves, and the attorney that they work for from ethical and legal problems.
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