Kitap 20
1
"They assessed inflicted injuries at twenty-five asses. They did not, my dear Favorinus, by any means compensate all injuries by that trifling sum, although even that small number of asses meant a heavy weight of copper; for the as which the people then used weighed a pound. But more cruel injuries, such as breaking a bone, inflicted not only on freemen but even on slaves, they punished with a heavier fine, viii. 3. and for some injuries they even prescribed retaliation. This very law of retaliation, my dear sir, you criticized somewhat unfairly, saying with facetious captiousness that it was impossible to carry it out, since injury and retaliation could not be exactly alike, and because it was not easy to break a limb in such a way as to be an exact aequilibrium, or 'balance,' as you put it, of the breaking of the other man's. It is true, my dear Favorinus, that to make exact retaliation is very difficult. But the Ten, wishing by retaliation to diminish and abolish such violence as beating and injuring, thought that men ought to be restrained by the fear of such a penalty; and they did not think that so much consideration ought to be had for one who broke another's limb, and refused to compromise by buying off retaliation, as to consider that the question ought to be raised whether he broke it intentionally or not, nor did they make the retaliation in such a case exactly equivalent or weigh it in a balance; but they aimed rather at exacting the same spirit and the same violence in breaking the same part of the body, but not also the same result, since the degree of intention can be determined, but the effect of a chance blow cannot."
