“Unlocking Lex Talionis”

The title of this post is the title of this new paper authored by Christopher Lewis now available via SSRN. Here is its abstract:

In this paper, I operationalize the classical retributive formulation of proportionality — Lex Talionis, or “an eye for an eye” — to give some conservative estimates of what it might entail as a limit on the severity of permissible punishment.  Respecting Lex Talionis would entail a radically lenient transformation of the criminal legal systems of the United States (and many other countries), reducing incarceration for non-homicide offenses by at least an order of magnitude.