An Eye for an Eye in Context: The Meaning and Function of The Lex Talionis in the Torah

Abstract

<p>This study explores the meaning and function of the "eye for an eye" formula as it appears in the legal corpora of the Pentateuch. Past attempts to determine the meaning of the formula have been based on either its historical function or its rhetorical effect. In either case, the specific contexts in which the formulae occur are only of ancillary interest. In contrast, this study places <em>primary</em> emphasis on the three contexts in which the formulae occur. The meaning(s) of the formulae within the Torah are determined based on how they functioned in their respective literary contexts. In the end, it is shown that the <em>lex talionis</em> in the Torah did not convey one single meaning, but rather it was rhetorically flexible and could convey a variety of meanings depending on how it was used.</p>