The theological analysis of the Talion principle and its correlation with the original principle of formation of Jewish law in the Biblical Era
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Keywords

Talion principle, Jewish law principles, educational principle, Jewish law, biblical law, theology

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Frankiv, D. (2020). The theological analysis of the Talion principle and its correlation with the original principle of formation of Jewish law in the Biblical Era. Multiversum. Philosophical Almanac, 1(1), 137-151. https://doi.org/10.35423/2078-8142.2020.1.11

Abstract

The purpose of this article was to investigate the Talion principle as the basic principle of Jewish law. As a result of the study, the Talion principle was theologically characterized, some of the problematic issues in a holistic understanding of the principle were identified, the conception of a direct relationship between the basic principles of the formation and application of Jewish law during the biblical period was proposed. The latter took on the function of scientific novelty of this study, showed the closest possible connection and correlation which allowed us to take a holistic look at certain problems and to set the right algorithm for further research of the subject. Thus, the internal logic of applying the Talion principle is in fact a projection of an educational motive on everyday reality. In our opinion, only such understanding of these two principles in their interconnection and combination allows us to resolve some certain points which seems to be contradictory. For example, this applies to the problem of the ratio within the Talion principle of the death penalty and the unbroken injunction of the Decalogue "do not kill", as well as the presence of the difference between hard and soft reactions to certain crimes which are often the same in the various biblical books in which the Talion principle works. In our study we were able to consider and propose a solution to the problem of a certain similarity between the Biblical principle of Talion and a similar principle in the laws of Hammurabi. All these problems were covered in our article, summarized in a holistic concept and an algorithm for their solution was presented. It also showed that the true cause of such a principle of biblical law as the principle of Talion is not simply in close connection with the basic principle of formation - the educational which makes these principles one whole. Moreover, it seeks intentions in actions, teaches to see and understand these intentions, that is, it is not only a projection and reflection, but also a means of an educational principle that educates in the right direction (divine) the representative of biblical Israel as well as us – the inhabitants of the 21st century.

https://doi.org/10.35423/2078-8142.2020.1.11
PDF (Українська)
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