6.18. 18. Of the Law of Retaliation.
The use of the law of retaliation
[58]
is very frequent in despotic countries, where they are fond of simple laws.
Moderate governments admit of it sometimes; but with this difference, that the former
exercise it in full rigour, whereas among the latter it ever receives
some kind of limitation.
The law of the Twelve Tables admitted two: first, it never condemned
to retaliation, but when the plaintiff could not be satisfied in any
other manner.
[59]
Secondly, after condemnation they might pay damages
and interest,
[60]
and then the corporal was changed into a pecuniary
punishment.
[61]
Footnotes
[58]
It is established in the "Koran." See the chapter, Of the Cow.
[59]
"Si membrum rupit, ni cum eo pacit, talio esto." Aulus Gellius,
xx. i.
[61]
See also the Law of the Visigoths, vi, tit. 4, 3, 5.
