* Características gerais: a ausência centralizada de legislação, recorrendo a juristas arbitrais
"Early Irish law, sometimes called Brehon law, comprised the statutes which governed everyday life in Early Medieval Ireland."
"The laws were a civil rather than a criminal code, concerned with the payment of compensation for harm done and the regulation of property, inheritance and contracts; the concept of state-administered punishment for crime was foreign to Ireland's early jurists."
"Ireland had no regular central authority capable of making new law and hence the Brehon laws were entirely in the hands of the jurists."
"The early Irish laws are devoid of a state centred enforcement mechanism and at least some of the judges were outside the state apparatus. This did not mean that the laws were ineffective, rather the methods of enforcement of legal procedures worked in such a way to fit with the conditions of society."* Os seguros de responsabilidade civil/penal
A tradução moderna, que se substitui o "surety" prestado pelo grupo familiar estendido, é a presença e exigência de seguros de responsabilidade para se relacionar com terceiros. Seja para certificar o bom comportamento antes da sua inclusão, seja para assegurar terceiros que em caso de dolo ou acidente, a vítima (contraparte de negócio ou relacionamento civil) é compensada.
"Sureties were the prime enforcers in early Irish law. They were not government officials, but rather sureties who were appointed to enforce a contract or other legal relationship.Berad Airechta, the law tract that deals most with sureties, offers formulaic speeches the contractors may have recited ceremonially to appoint sureties and make the sureties swear to perform their duties properly. In addition to sureties appointed for specific contracts, relatives might be expected to act as sureties in cases where they were not specifically bound. However, there is also evidence that most sureties were either relatives or lords of the contractor."* O caso da pena de morte
O caso dos assassinos e a pena de morte é curioso, porque eu há muito tempo que comento que a pena de morte foi algo incentivado pela estatização crescente do direito, depois contido por considerações progressistas. Num conceito de ordem natural objectiva, a compensação da vítima é a prioridade, e nesta prioridade, não é do interesse da vítima que o criminoso fique inabilitado de compensar. Assim, no caso de assassínios, a pena de morte será então usada em última escolha. E parece ser o caso:
"Murder and avoidance of capital punishment Early Ireland has the distinction of being one of the first areas to shun capital punishment. While a murderer might be killed for his/her crime, this was the option of last resort. Instead the murderer typically had to pay two fines. One is the fixed éraic or cró, that is either a "body fine" or a "wergild", and the other is the Log nEnech, an honour price owed to the kin of the victim that varied according to the status of the kinsman to whom it was owed and the closeness of his relationship to the victim. Should the murderer be unable to pay by himself, his family was normally responsible for paying any amount the murderer could not pay. Should the family be either unable or unwilling to pay, the victim's family took custody of the murderer. At this point, the victim's family had three options. They could await payment, sell the murderer into slavery, or kill the murderer. Even then, the monetary possibilities may have discouraged capital punishment in some cases. In certain cases, though, where the murderer and victim were relatives, capital punishment could not be carried out as it would make the executioner commit fingal or kin-slaying."