Tuesday, August 30, 2016

The Mishnah on the Lex Talionis (Law of Retaliation)

THE GEMARA.COM: Rabbinic Battery Law in Light of Roman Rule (Dr. Yoni Pomeranz).
Abstract: The rabbinic laws of personal injury differ markedly from those in the Torah. They are, however, substantially similar to the laws of personal injury that guided Roman courts in Palestine in the second century CE. Reading perek ha-ḥovel (m. Bava Kamma 8) alongside Roman law codes reveals the influence that Roman law had on rabbinic law. Roman models were responsible for the rabbinic rejection of a strict “eye for an eye” law, the calculation of נזק by valuing the victim as a slave, and the idea that an assailant could be liable for payments for בושת.
This is relevant as background to and elaboration on the immediately preceding post on The Lex Talionis (Law of Retaliation) in the Talmud.