Basic Workings
Celtic law evolved from the judgements of private competing judges. Murray Rothbard describes the system this way:
The basic political unit of ancient Ireland was the tuath. All “freemen” who owned land, all professionals, and all craftsmen, were entitled to become members of a tuath. Each tuath’s members formed an annual assembly which decided all common policies, declared war or peace on other tuatha, and elected or deposed their “kings.” An important point is that, in contrast to primitive tribes, no one was stuck or bound to a given tuath, either because of kingship or of geographical location. Individual members were free to, and often did, secede from a tuath and join a competing tuath.
Celtic law is thus a stateless form of law like most customary law forms. "... the professional jurists were consulted by parties to disputes for advice as to what the law was in particular cases, and these same men often acted as arbitrators between suitors. They remained at all times private persons, not public officials; their functioning depended upon their knowledge of the law and the integrity of their judicial reputations."
After the private judge, chosen by the disputants, has made his decision, how was the judgement - the compensation to the victim - enforced?
Through an elaborate, voluntarily developed system of “insurance,” or sureties. Men were linked together by a variety of surety relationships by which they guaranteed one another for the righting of wrongs, and for the enforcement of justice and the decisions of the brehons. In short, the brehons themselves were not involved in the enforcement of decisions, which rested again with private individuals linked through sureties.
Read more about this topic: Celtic Law
Famous quotes containing the words basic and/or workings:
“What, then, is the basic difference between todays computer and an intelligent being? It is that the computer can be made to see but not to perceive. What matters here is not that the computer is without consciousness but that thus far it is incapable of the spontaneous grasp of patterna capacity essential to perception and intelligence.”
—Rudolf Arnheim (b. 1904)
“We have our little theory on all human and divine things. Poetry, the workings of genius itself, which, in all times, with one or another meaning, has been called Inspiration, and held to be mysterious and inscrutable, is no longer without its scientific exposition. The building of the lofty rhyme is like any other masonry or bricklaying: we have theories of its rise, height, decline and fallwhich latter, it would seem, is now near, among all people.”
—Thomas Carlyle (17951881)