Unlocking Lex Talionis

Abstract

In this paper, I operationalize the classical retributive formulation of proportionality—Lex Talionis, or "an eye for an eye"—to give some conservative estimates of what it might entail as a limit on the severity of permissible punishment. Respecting Lex Talionis would entail a radically lenient transformation of the criminal legal systems of the United States (and many other countries), reducing incarceration for non-homicide offenses by at least an order of magnitude.

Keywords: Lex Talionis, proportionality, punishment, proportional punishment, retribution, retributivism, Mass Incarceration