Ancient Ireland: Law and society with modern public policy suggestions.

摘要

This paper documents the ancient Irish legal system of the Brehons, the roots of which go back at least a millennium before the advent of Christ. It also advocates public policy applications from that law into current society and legal systems of the West.; The creation of Brehon law was a remarkable achievement for several reasons. First it was locally produced law often ratified at national assemblies, mirroring our idea of Federalism. The law was not created by fiat, but was instead the product of experts in their fields. The Brehons communicated both within their tribes (tuaths), and with others, creating a mandarin caste of legal professionals of both local and national assembly. There were even law schools for such training. The legal theory was economic, based upon fines for prohibited behaviors, reserving corporal punishment or execution for the most heinous crimes. Consequently, there were no prisons in ancient Ireland. Perhaps the best part of Brehon Law was the concern and protection it provided the weakest members of society.; Brehon Law was Celtic in derivation, and originally carried orally by Celtic mystic priests, the Druids. Padraic, or as we know him, Saint Patrick, seems a figure of surprising ingenuity and persistence. If Irish history is accurate, he came to Ireland a young Welsh slave, escaped and left Ireland, was trained by ministers, then returned a conquering religious hero to evangelize the Irish Celts, his former masters. His repatriation caused a legal revolution a decade later, and his writings began Irish literature. As a result, monasteries were established that saved much of Western literature and learning during the darkest days of the Middle Ages, allowing that and Christianity to be reseeded back into Europe.