The Rationale of Punishment

Book I

General Principles

Chapter VIII

Of Analogy between Crimes and Punishments

For a Corporal Injury a similar Corporal Injury.

“An eye for an eye, a tooth for a tooth.” In crimes producing irreparable bodily injuries, the part of the body injured will afford the characteristic circumstance. The analogy will consist in making the offender suffer an evil similar to that which he has maliciously and willfully inflicted.

It will, however, be necessary to provide for two cases—that in which the offender does not possess the member of which he has deprived the party he has attacked, and that in which the loss of the member would be more or less prejudicial to him than to the party injured.

If the injury has been of an ignominious nature, without permanent mischief—Similar ignominy may be employed in the punishment, when the rank of the party and other circumstances permit.

[RP, Book I, Chapter VIII, §1] [RP, Book I, Chapter VIII, §3]