Homicide Research Papers - Academia.edu (original) (raw)

On a societal level Philo argues for a ius talionis based on values of equality, life itself, and health. The first principle results in democracy as the best political system. It also implies that every killing is unjust, including killing in war, as every person who kills in effect gives him or herself a higher value than his or her victim. The second principle implies that when a life is willingly taken, it must be retaliated against—by the death of the offender. In some cases, Philo also considers an intentional assault on someone’s health as murder, especially when the principle sign of life, the ratio (nous), is thereby lost. The condition for the culpability of murderers or potential murderers is in every case the intention to kill. This intention also includes incitement to murder and attempted murder.
On a religious level there is only the one God. God is the creator and the guarantee of the world order (logos) which includes and effectively amounts to natural law. Every offence against God is an offence against this order and cannot be redeemed, and the offender should be completely erased. However, as men are shaped in the image of God, they are, to some extent, also godly. Killing the image of God is, thus, killing a part of God in some way. At the societal level, the victim is to be recompensed by means of the death penalty for the murderer. However, at the religious level, the murderer has broken the law of nature—offended God’s image, and God himself—and must be eradicated, to preserve the goodness inherent in God’s work. To repeat the words of Philo once again:
"The term murder or manslaughter is used to signify the act of one who has killed a human being but in real truth that act is a sacrilege, and the worst of sacrileges."
(Philo, Spec. Laws 3.83; trans. Colson, LCL)