Eye for an Eye

by William Ian Miller

Analyzing the law of the talion--an eye for an eye, tooth for a tooth--literally, William Ian Miller presents an original meditation on the concept of "pay back". Miller's unique theory of justice offers redemption via retaliation. It espouses the view that revenge is a highly structured phenomenon that requires a deep commitment to balance in order to get even in a strict but fair manner. As a result, we find that much of what is assumed to be justice, honor and respect is just a way of providing a means of balancing or measuring valuations. Moreover, according to its biblical roots, the law of the talion implies that the value of an eye can only be matched with another eye, suggesting that body parts are to be considered units of valuation. Pursuing this further, the talion seems to require such parts as a preferred means of payment. Thus body parts have a justified claim not only as money, but as the most valued type of payment as well--by uniquely fulfilling the most demanding (and thus most honorable) means of compensation. Applying this concept to the real world, Miller argues that Shylock's pound of flesh wager can be justified circumstantially in The Merchant of Venice and that blood oaths effectively ensure the most lasting bonds of trust over time. He also analyzes other societies and cultures, comparing the ancient and seemingly more primitive with their modern counterparts, by gauging the role of the talion, as a means of maintaining honor within them. Sadly, the ancient and more primitive seem to have functioned more righteously, for the most part, because the execution of violent retaliation was tightly controlled by the talion and accordingly limited its excesses. William Ian Miller is the Thomas G. Long Professor of Law at the University of Michigan Law School. He has also taught at Harvard, Yale, Chicago, and the Universities of Bergen and of Tel Aviv. The recipient of a J.D. and a Ph.D. in English, both from Yale, Professor Miller has written other books including Faking It CUP (2003), The Mystery of Courage (2000) and The Anatomy of Disgust (1967).

Genres: Philosophy, History, Law, Nonfiction, Research, Psychology

278 pages, Hardcover

First published January 1, 2005

Reviews

[^ · Rating 5 out of 5]

Riveting reading on subjects of retaliation and redemption. Fluently argued, thoroughly researched, and with the additional benefit of helpful written notes to the text, and a well-stocked bibliography. If Professor Miller ever visits Southern England, I'd love to hear him speak on his subject.

One cannot help but feel that our present day systems of legal redress might very well be improved, and legal costs reduced, if careful consideration were made of how to incorporate some of the beliefs and practices of previous expressed in this book.

Robin West (Georgetown Law Centre) writes on the back cover: "... how limply inadequate are our modern liberal and utilitarian understandings of justice that try so aggressively to purge this elemental instinct from our laws and law. Provocative, erudite, and sometimes laugh-out-funny - it [Miller] is also, often, convincing."

QUOTE: [pg 32] "The Hittite solution of paying for people killed with people seemed to Charles Buckley, a San Francisco electrician, the only way to make proper amends to the parents of a four-year-old girl he ran over while drunk in 1922. He offered his own five-year-old Isabel as compensation, and Mrs Buckley joined in the offer. Dollars, to his mind, was not the right money for the occasion."

[Chris · Rating 3 out of 5]

Most of the non-fiction I read is on sciency topics, so this examination on justice and retribution in history and literature was a bit different. It was a reasonable read, informative and intelligent without being esoteric. I learned a few things (the price sheet for injured/lost body parts was a highlight- I would not have expected the pinkie to be the most valuable digit after the thumb) and got to revisit some Icelandic stories. While I wouldn't call it gripping, it was definitely interesting and even humorous. There was a chapter delving into an analysis of "Hamlet," which I enjoyed. There was also a chapter about "The Merchant of Venice," which made me utterly lost and I had to skip the chapter until I could access a plot synopsis of the play. Reading went more smoothly after that. So that was my major complaint: Miller will talk about certain literary works assuming the reader is familiar with them. I can understand wanting to avoid bogging down or diluting the analysis with extensive plot summary, but at the very least they could have included one-page plot summaries of "Hamlet" and "The Merchant of Venice" in the back of the book.

[Nurture Waratah · Rating 3 out of 5]

This was a fascinating book presenting a a far different, and more interesting, take on the meaning of justice than most people would form for themselves. Writing about various ages, from Mesopotamia to honour societies, from ancient practices to the formation of the modern court system, Miller presents modern justice as merely a codification of the concept of 'an eye for an eye'.

Referencing sources both modern and ancient, including the Bible, the Torah, Shakespeare and Harvard Law Reviews, Miller makes his point thoroughly and often. My main gripe with this book (and the one thing that prevented me from completing it) is that it tended to become quite repetitive - I feel it could have been quite a bit shorter. Having said that, the author makes some good points and this book is worth reading.

[Carl]

I'm actually reading the paperback version-- I assume there is no significant difference, and hardcover is the only version listed on GR. I'm a huge fan of Bill Miller's work in Old Norse studies, and it's fun to read something of his for a more general audience. Only about a chapter or so into it, but it looks like it's perfectly acceptable and interesting for the average reader. Topic: revenge, justice, "getting even" and the background of that concept and its pervasiveness even in contemporary culture.

[Laura · Rating 4 out of 5]

I love how Miller can present the most esoteric material and present in an entertaining, conversational way. This book explores concepts of justice and retribution across time, cultures, literature, and the linguistics of modern English. I know it sounds dry, but really, it's a fun read!

[Dan · Rating 4 out of 5]

This is a pretty interesting read. If nothing else, the numerous examples give a much better explanation of what the code of honor cultures were trying to establish. The comparisons between current legal and cultural codes versus the stricter punishments of the past are also illuminating.

[Alejandra · Rating 5 out of 5]

Who knew talionic legal systems could be humorous? Miller's approach is accessible and thought-provoking. A thoroughly enjoyable account of the history and thought behind "an eye for an eye".

[Yuxi Liu · Rating 3 out of 5]

way too long, discursive, waste of time. 30 pages-worth of great material stretched out to 240 pages of drag.

Don't read this book. Read instead "In Defense of Revenge" (1999) by the same author,
https://repository.law.umich.edu/book...

One of the risks of studying the Icelandic sagas and loving them, is, precisely, loving them. And what is one loving when one loves them? The wit, the entertainment provided by perfectly told tales? And just how are these entertaining tales and this wit separable from their substance: honor, revenge, individual assertion, and yes, some softer values, too, like peacefulness and prudence? Yet one suspects, and quite rightly, that the softer values are secondary and utterly dependent on being responsive to the problems engendered by the rougher values of honor and vengeance. Is it possible to study the sagas and not be attracted to the nobility, the dignity, the heroism of an ethic of "face," not to thrill to revenge and the open admission that it is the most satisfying way to reestablish the moral, if not the social, order after a wrong has been done? The risk, it so happens, is in coming to love their way as well as their way of talking about it.

Publication Information & Recommended Citation
Miller, William I. "In Defense of Revenge." In Medieval Crime and Social Control, edited by B. A. Hanawalt and D. Wallace, 70-89. Medieval Cultures, 16. Minneapolis: Univ. of Minnesota Press, 1999.

[Bowen Ben · Rating 2 out of 5]

The message of revenge cultures seems to keep arising, but if one isn’t particularly religious or has difficulty ascertaining archaic cultures, the repetition bogs down what the point truly is. The point is that in order to achieve justice in law, trading or sacrifice, a claim must be agreed on by acting parties, or societal constructs, that seems to achieve equilibrium. The problem is that we can’t take something from someone if it affects another indirect life, nor is the true monetary value of individuals an easy measure.

All in all, if you are interested in learning about law or certain elements of justice, perhaps find a better book to establish footing before you get to this one. This book seems to really dig down if you have prior knowledge of the concepts discussed.

2.4/5

[Ted Morgan · Rating 5 out of 5]

I have read this but I am still reading it after several years. It is wonderful. It is an academic book that ought to appeal to lay readers. It appeals to me. Someday I might be able to review it properly. I don't know where to start or finish a review.

One of the most elegant, instructive, engaging, probing, and intriguing books I have found.

[Sean · Rating 4 out of 5]

An excellent treatment of the Law of the Talion, with plenty of Miller's forte, the world of saga Iceland and Dark Ages Saxon Britain, mixed in. Might have been a stronger work had he done without the chapter on Shakespeare.

[reed · Rating 3 out of 5]

More interesting than Faking It, but I only made it halfway through the book.

[Jack · Rating 4 out of 5]

An original and broadly gathered topic and text.