La ley romana del talión y su base correlativa: antigüedad e innovación

Abstract

The Law of Talion is usually understood as «an eye for an eye». However, Roman law is far from being as concise and strict as that of the Bible. Whilst not forgetting the option of membrum pro membro , the interpretation of Latin examples tells us that punishments tended to be comparable and not equal, materially speaking, to the harm caused. The linguistic analysis of talio , derived from the indefinite talis and the correlative structure ( quale scelus, talis poena ) in which it appears, leads us to see this feminine substantive of action as a neologism of proportional reference that encouraged Roman law to evolve towards substitute punishments that were less gory. In order to understand the spirit of the Law of Talion, we must take into consideration its form, which above all is made up of the indefinite talis as a correlative of qualis referring to the damage or harm caused.