Bava Kamma 15 - Do Normal Oxen Gore?

Payment of half damages for goring, is it compensation payment or a penalty?

Compensation argument: it is common for oxen to gore and they must therefore be guarded. By rights, therefore, the ox's owner should pay for all the damage, but the Merciful One took pity on him and reduced his liability by half, because this ox has not yet become warned.

Penalty argument: oxen do not ordinarily gore or do malicious damage. By rights, therefore, the ox's owner should not pay have to pay at all, but the Merciful One penalized him, in order that he should guard his ox more carefully.