Celtic Law : A Short Summary

THE IRISH LAWS

The Irish law texts, often also called Brehon Laws, Brehon being the anglizised term for the Irish “Brithem” (agent noun for ir. breth “judgment”, literal translation for brithem therefore is “maker of judgments”), the Irish term for lawyer, are the most extensive documents for Celtic Law that have come down to us. They were written down by the Christian monks, the earliest texts probably dating from the late 6th and early 7th century AD and therefore were partly influenced by a Christian mindset. Still, they do seem to reflect the “old” pre-Christian laws very closely in most aspects, and the basics of the legal procedures is definity indigenious.

LITERATURE

Before I start my summary I will give a short literature list, as there exist excellent sources for Irish Law which are also relatively easily available. Many laws exist in translation into English and, therefore, you can study them yourselves if you like.

Fergus KELLY, A Guide to Early Irish Law. Early Irish Law Series 3, Dublin Institute of Advanced Studies 1988 (2nd reprint 1995). ISBN 0-901282-95-2

Tranlations and editions of original texts (sometimes with comments):

Thomas CHARLES-EDWARDS and Fergus KELLY, BECHBRETHA: An Old Irish law-tract on Bee-Keeping. (Edition and Translation) Early Irish Law Series 1, DIAS 1983.

Liam BREATNACH, URAICECHT NA RÍAR: The Poetic Grades in Early Irish Law. (Edition and Translation) Early Irish Law Series 2, DIAS 1987, ISBN 0-901282-89-8

Fergus KELLY, AUDACHT MORAINN (Edition and Translation). DIAS 1976.

Neil McLEOD, Early Irish Contract Law. Sydney Series in Celtic Studies 1, University of Sidney 1995. ISBN 0-86758-623-0 (Edition and Translation of DI ASTUD CHOR)

Additionally there exist numerous translations in various journals for Celtic Studies.

Finally, there is the complete edition of all Irish law texts known until approx. 1978:
D.A. BINCHY, CORPUS IURIS HIBERICI (Vol.I-VI), DIAS 1978.(only Edition, no translation)

LEGAL BASICS

Before we take a look at what laws existed and how they look, we have to take a short look at the very basics of law. As far as we can say, the basic regional unit was the tribe (túath), and this seems also to have been the basic legal unit, as Irish Law distinguishes between the deorad (“outsider”) and the aurrad (“Person of legal standing within the túath). Basically, it seems as if the outsider has no legal rights in the túath and can be killed, maimed or acted with in any manner without these acts being considered as legal offenses if there exists no treaty between the túath the outsider came from and the one in which he is killed, maimed, etc…. Only if a treaty exist between the two tribes in question can such a person can have a legal standing at all.

RANK

The second important basics of Irish Law was rank. Simply said, the higher your Rank, the more legal standing you do have. As such, “an offense against a person of higher rank entails a greater penalty than the same offense against a person of lower rank. Similarily, the oath of a person of higher rank automatically outweighs that of a person of lower rank.” (KELLY 1988, p.7). The measure of a person’s status is his honour price or lóg n-enech (literally “the price of his face”), which has to be paid for any major offense like murder, satire, serious injury etc. offenses which do not touch the victims honour – like minor damage to property or animal trespass, incurs lesser fines. A person’s capacity to perform most legal acts is directly linked to this honour-price. He can only make a contract to the value of his honour-price, he can’t be surety for any greater amount, and his oath is only worth his honour-price if a compurgatory oath is required. I will deal more detailed with rank in “Social Structures – a short summary”.

KIN

Another basic element in the legal system is kinship. I will make a more detailed survey of kinship in “Social Structures – a short summary”, but some words are necessary here, too. Basically, the kin-group referred to most often in the law texts is the derbfine (“true kin”), which consists of all descendents through the male line from a common great-grandfather. This group has considerable legal rights in over its individual members. Each kin-group has its own kin-land (called “fintiu”), for which every legally competent adult male has some responsibility. This land can be sold only with consent of the kin, and provided that a man has sucessfully fulfilled his obligations towards his kin he can annul contracts of other members of the kin if he thinks they are detrimental to the kin.

On the other hand, the kin is legally responsible and liable for offenses commited by its members – a kinsman can be distrained if the offender cannot fulfill his legal obligations. Of course, the kin can reclaim all losses due to such distraints from the original offender, who can be ejected from kin if he fails to satisfy the claims of his kin – an act by which the offender loses all his legal rights.

If a member of the kin is illegally killed, his or her kinsmen get a share of the éraic (body-fine), and if the culprit fails to pay the kinsmen are expected to prosecute a blood-feud against him.

Especially abhorred is the act of slaying a member of ones kin (“fingal”). A kin-slayer forfeits his share of the kin-land, but is still liable to pay for offenses by other kin-members.

The head of the kin is known as the ágae fine or cenn (sometimes conn) fine. He is chosen from among the kin (probably by election) on the basis of superior wealth, rank and good sense, and acts and speaks for his kin at public occasions.

MATERNAL KIN

Even though kinship is determined by the paternal line primarily, maternal kin also plays some role. On marriage a woman does not completely sever her connections with her own kin. The maternal kin is also required to take part in a blood-feud if a child of one of its daughters is killed and the culprit doesn’t pay, gets a part of the éraic of such slain children and has to intervene if such a child’s fosterage is improperly carried out.