The Principle of Proportionality in Archaic Criminal Law

Abstract

The article explores the principle of proportionality in archaic criminal law, highlighting its historical and cultural roots in Mesopotamian, Egyptian, Greek, and Roman civilizations. From the Code of Hammurabi, with the introduction of lex talionis, to the Twelve Tables and Aristotle's philosophical reflections, proportionality emerges as a central element for social cohesion and the limitation of punitive excesses. The analysis includes cultural narratives, such as Aeschylus's trilogy "Oresteia," illustrating the transition from a system of private retaliation to institutional justice. By revisiting the origins of the principle, the study highlights its evolution as a legal and ethical tool adapted to the complexities of contemporary criminal law. The conclusion emphasizes that proportionality transcends its technical function, establishing itself as an essential value for balanced justice and the preservation of social order.