Revenge, Justice, and the Law

10 THE WAYNE LAW REVIEW [Vol. 50:4
which apply regardless of society or historical period? 40
It is certainly outside the scope of this Essay to even attempt to resolve
these weighty issues. However, in examining the morality of revenge, I will
be operating under certain assumptions regarding these issues. First, I will
view revenge through the lens of contemporary times. That is not to state
that what has occurred previously has no bearing. Quite the opposite, as the
Essay will explore the his tory of revenge, from its acceptance as the
governing rule of punishment under blood feud societies, to present day. 41
Indeed, it is a premise of the Essay that such an historical analysis supports
the proposition that revenge has a rightful place within contemporary
criminal justice systems. 42
Second, my analysis will focus on the morality of revenge within
contemporary American society. It will thus draw predominantly upon
Western religious and cultural norms which have formed the basis for our
current sense of morality. 43 As such, it is not the intent of this Essay to
engage in a comparative study of revenge. That is certainly not to suggest
that such studies are without merit; but rather only to acknowledge the
scope of this Essay.
Third, and perhaps of greatest relevance, I will assess the morality of
revenge in a very specific sense: I will focus on the reasons which motivate
the desire for revenge, and then explore the morality of the motivation. 44 For
example, individuals seeking revenge will likely be motivated by the desire
to have the wrong doer suffer for her crime. 45 Motivation may also arise out
of hatred for the victimizer, or a desire to set an example so as to deter
future criminal acts. 46 Indeed, a revenger may be motivated by a number
of these reasons. The task then will be to identify these motives, and then
40. See Monroe H. Freedman, Atticus Finch - Right and Wrong, 45 ALA. L. REV. 473,
477 (1994). In this article, Professor Freedman analyzes the moral character of Atticus
Finch, the lawyer who, in Harper Lee’s Pulitzer Prize winning novel To Kill a Mockingbird,
defends an African American accused of raping a white woman in the 1930's in Alabama.
The question he raises is whether it is “unfair to hold someone in an earlier time to moral
standards that we recognize today. . . .[or is] morality...equated with the notions of right and
wrong that are recognized in the culture of a particular time and place.” Id.
41. See infra notes 100-25 and accompanying text.
42. See infra note 126 and accompanying text.
43. See supra notes 1-8, infra notes 70-89, and accompanying text.
44. See infra notes 90-99 and accompanying text.
45. See infra notes 62-69 and accompanying text.
46. See infra notes 57, 64, and accompanying text.