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Historically, most, if not all ancient peoples used retributive justice based on the theory 'an eye for an eye, a tooth for a tooth'. Most ancient peoples living in the 'Fertile Crescent' including the ancient Egyptians, the Hittites and the Sumerians used retributive justice. The Hebrews under Moses, used this brutal form of justice. Probably one of the most notable figures in the use of this form of justice was Draco of Athens. History names him as a 'lawgiver' who drew up his brutal code of justice circa 600BC. Some extremely radical forms of Islam still use retributive justice. The Aborigines of Australia do, on occasions, use retributive justice.

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