4509. LAW, Lex Talionis.—
The Lex
talionis, although a restitution of the Common
Law, * * * [is] revolting to the
humanized feelings of modern times. An eye
for an eye, and a hand for a hand, will exhibit
spectacles in execution whose moral effect
would be questionable; and even the
membrum pro membro of Bracton, or the
punishment of the offending member, although
long authorized by our law, for the
same offence in a slave, has been not long
since repealed, in conformity with public sentiment.
This needs reconsideration. [291]
—
To George Wythe. Washington ed. i, 146.
Ford ed., ii, 204.
(M.
1778)
