同害報復の法思想

概要

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This thesis, through consideration of historical findings, discusses punishment through talio, that is, "an eye for an eye, a tooth for a tooth". Lex talionis, or retributive justice, is completely denied in legal systems throughout the world. This paper does not intend to present arguments for or against the principle of punishment; rather, it discusses the emergence and contents of talio. The process by which the Sumerian Law of West Asia led to the Code of Hammurabi is first examined. Then the concept of talio in ancient Jewish law is considered. Next, consideration of talio in Roman and Islamic Law are touched upon, Finally, the legal concept of talio held by Kant and Hegel, and how this eventually evolved into the principle of retribution, will be discussed. In reviewing the principle of retribution, an argument is made that the concept of talio is the model for the principle of legality, manifesting the principles of equality, human rights and justice.
2009-11-30