Thursday, April 17, 2008

An eye for an eye: Tort reform or barbarism?

The infamous "eye for an eye" quote is often used by some to point out how mean and vengeful the Hebrew bible can be. But is it? Here is the full passage: Deuteronomy 19:21 “. . . Thus you will sweep out evil form your midst; others will hear and be afraid, and such evil things will not again be done in your midst. Nor must you show pity: life for life, eye for eye, tooth for tooth, hand for hand, foot for foot”

It sounds pretty vengeful..don't show pity, others will hear and be afraid. Yikes! No wonder people welcomed the whole idea of turning the other cheek.

On the other hand, I've read some other perspectives on this. Clearly the bible calls for justice as it often does. But justice and vengeance aren't the same thing. In fact, some people argue that this was actually an attempt to reduce vengeance. One idea I've heard was that this was an attempt to actually equalize punishment and damages and it was meant to be an allegory. That is, if a person loses an eye, you are to compensate them for the loss of that eye, no less, no more. Same for a hand or a foot.

Sound crazy? Look at your disability insurance policy. They general have a payment schedule organized by body part as to how much they'll pay. Thumbs are worth less than hands, hands less than eyes. Of course, typically losing the second of something pays off more than the first (e.g., loss of the second eye is compensated at a higher rate than loss of the first eye).

Someone once pointed out to me that an eye for an eye was a pretty good deal in ancient times. Usually if you injured someone (who was stronger than you) the response was to kill you, your family, and anyone they could find who was even remotely associated with you. Knock over someone's fence (or kill their mule) and splat - your kids are dead. Now that seems like vengeance.

What do you think?


1 comment:

Anonymous said...

You’ve laid this out very well.

In several sources that I’ve read on it, the non-Jewish discussion of the text interprets the statement as a very harsh punishment and of course that understanding is the source of why many non-Jews see Judaism’s focus on laws as lacking compassion. It certainly is a different perspective from “turn the other cheek”. In the Jewish sites where I’ve looked, the interpretation of “an eye for an eye”, of course the Talmud is always referenced on this. Everything I've read has said that if the Torah really meant this literally then everyone would be blind and toothless.

In many ancient societies, people took the law into their own hands. You do something to me, I’m going to hurt you worse and raise the stakes by hurting your family too. So in truth, the Jewish intention of an “eye for an eye” prevents things from getting out of control. It certainly has never been meant to be taken literally but rather as a framework for imposing fair financial compensations.

Dennis Ross, in his commentary, “An Eye For An Eye: Looking Beyond the Text” (urj.org/articles/index) asks an interesting question based upon the writings of our Rabbis: “Can you hurt someone in the right way?” I’m giving a lot of thought since you posted this piece.

Dr. Sarah Pessin in her writing in Jewish Ethics and the Call to Equal Opportunity Justice” at www.jewishmosaic.org/torah raises another perspective on this which I find meaningful. She states, “While the Jewish moral response never actually involves losing your eye to the person you have wronged, it always demands that you respond to the person you have wronged in a way that gives over of yourself to the other with depth and dead earnestness. If you wrong your neighbor, IT IS AS IF YOU OWE THEM YOUR EYE [my capitalization], and your attempt to ‘truly make things right’ with them ought to reflect that. In the words of “an eye for an eye” we ought not to read a barbaric invitation to revile the Other, but a super-heightened sensitivity to the importance of the Other, and to what it would mean to truly make things right with anyone you have wronged.”

I find Mr. Ross’s and Dr. Pessin’s thoughts on this well known, but not well understood, biblical injunction very valuable to me.