The use of the law of retaliation[58] is very frequent in despotic countries, where they are fond of simple laws. Moderate governments admit of it sometimes; but with this difference, that the former exercise it in full rigour, whereas among the latter it ever receives some kind of limitation.
The law of the Twelve Tables admitted two: first, it never condemned to retaliation, but when the plaintiff could not be satisfied in any other manner.[59] Secondly, after condemnation they might pay damages and interest,[60] and then the corporal was changed into a pecuniary punishment.[61]
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