January 22: Lex Talionis

By Magdalena I. García

“Morning Edition,” a daily program that airs on National Public Radio, offered this story today:

“It’s the 37th anniversary of Roe vs. Wade, the Supreme Court decision that legalized abortion 37 years ago, and today jurors begin hearing evidence in the trial of a Kansas man who admitted to killing a doctor who performed abortions later in pregnancy. Scott Roeder is charged with first-degree murder in the shooting of Dr. George Tiller in May.

“Roeder says he should be able to tell jurors why he committed the act—to ‘protect unborn babies,’ he says. But prosecutors say any evidence about abortion is irrelevant.

“Roeder allegedly drove from suburban Kansas City to George Tiller’s church in Wichita, where he pulled out a gun and shot Tiller in the head. Many witnesses saw the shooting, and Roeder has admitted he did it. But the case may not be so simple.
“Judge Warren Wilbert ruled that Roeder cannot use a so-called justifiable homicide or necessity defense. But the judge did not rule out evidence that could lead to a lesser voluntary manslaughter charge.

“According to Kansas law, that's the ‘unreasonable but honest belief’ that deadly force was justified...”

This will be an interesting case for the entire nation—and world community—to watch and discuss. It will also be a great opportunity for the moderate, liberal and progressive voices within Christianity, Judaism, Islam, and other major religions to speak up for at least three reasons:
• to encourage believers to wrestle with these difficult issues—i.e. homicide, capital punishment, abortion—in a systematic way, examining the teachings from various sources and traditions;
• to educate the media and the public on the diversity of opinions within the religious community (i.e. despite apparent evidence to the contrary, we are not all fundamentalist, religious freaks who want to impose our views on others); and,
• to contribute to—and hopefully advance—the ongoing conversation about what it means to do justice in a multicultural world.

So I urge you to get started by reading the full text of today’s story. Go to: http://www.npr.org/templates/story/story.php?storyId=122626278. Read also the comments posted by readers; there is a wealth of food for thought there. And be brave enough to post a comment. I just did. It is simply this:

“The comments posted thus far reflect the complexity of the issue and the wisdom of the public in lifting up the many ramifications of this case. Where exactly does one draw the line? One place to begin might be by remembering that the lex talionis principle (i.e. an eye for an eye)—which was part of ancient legal codes and is at the foundation of the contemporary law system—was intended to provide equitable retribution for an offended party. And this was intended, at least in part, to prevent excessive punishment. Now, do you suppose we will ever have consensus on the meaning of equitable retribution or excessive punishment? Probably not, but discussing the issues can, I hope, at least bring us to a deeper understanding of how difficult it is to do justice, and to a greater appreciation of each others’ views and experiences.”