Navigation
Naked Legal Advice
The Wheels of Justice
Wills and Estates

To learn about our Wills and Estates practice, click the Wills & Estates icon above

Justice

To learn more about Justice, click the Scales of Justice icon above

THE LIFE OF A CASE
Involvement in an Accident
Types of Cases We Handle
The Legal Literacy Project

 

GoodNewsGreatJoy
Login to your Account

JUSTICE IS A SCALE WITH TWO PANS IN BALANCE

Justice is a scale with two pans in balance. Too much or too little on a pan upsets the balance of justice. The biblical principal of an eye for an eye; a tooth for a tooth (See, Leviticus 24:20 , Exodus 21:24, Deuteronomy 19:21 ) is all about maintaining a balance. (See, Matthew 5:17-18). An eye on one pan of the balance equals an eye on the other pan of the balance. A tooth on one pan of the balance equals a tooth on the other pan of the balance. To maintain the balance there can be no more than an eye for an eye and a tooth for a tooth. To maintain the balance there can be no less than an eye for an eye and a tooth for a tooth. No more; no less.

WHAT IS THE REMEDY WHEN THE NEGLIGENT INFLICTION OF PERSONAL INJURY KNOCKS THE SCALES OUT OF BALANCE?

What is the remedy when the negligent infliction of personal injury knocks the scales out of balance?

RETALIATION
THE BALANCE BETWEEN TWO EVILS

When we were barbarians, balance was restored by retaliation - an eye for an eye and a tooth for a tooth. You hurt me; I hurt you. One evil was exchanged for another evil. Two wrongs made everything right. [See, for example, NY Times Article Blood for Blood }

A TRANSITION AWAY FROM RETALIATION

As we matured and became civilized, the problem of the infliction of injury, death and other wrongdoing did not go away; yet, retaliation came to be viewed as a barbaric solution to the problem of injustice. Was there a better a way to restore the balance of justice? Could we replace retaliation with something else?

The answer was 'yes'.

RESTITUTION
THE BALANCE BETWEEN
A GOOD AND AN EVIL

Although modern systems of justice rejected retaliation as the means to return balance to justice, they did not reject the equitable principal of an eye for an eye; a tooth for a tooth (See, Leviticus 24:20 , Exodus 21:24, Deuteronomy 19:21 ). We kept the equitable principal of an eye for an eye; a tooth for a tooth Our innovation was to substitute restitution for retaliation. Instead of an eye for an eye and a tooth for a tooth, the monetary equivalent of an eye and the monetary equivalent of a tooth replaced the eye and tooth themselves. Retaliation was banned. Today, restitution - generous in magnitude - restores balance to justice. Instead of evil being exchanged for evil, the good that is restitution cancels out the evil of injury. It is still an eye for an eye; a tooth for a tooth (See, Leviticus 24:20 , Exodus 21:24, Deuteronomy 19:21 ) but it is now only a monetary eye and a monetary tooth. Our system of justice is gentler today and yesterday.