Ireland: Individual and Group Rights in Ancient Irish Law
Brendan Tobin|Michael O’Flaherty
INTRODUCTION The historical roots of early Irish law stretch back into antiquity and were passed on in the rich oral history, poetry, sagas, wisdom-texts, that have come down to us. body is frequently referred as Brehon Law, so-called it was applied by judges named breitheamhuin or brehons, language. more appropriate term fenechas defined ‘law Feni [freemen], customary traditional law, [or] native law’. Promulgated written much developed church, known Cain law. primary old law-text Senchas Mar (great tradition). This grounding document constitutes a third all surviving law-texts. Reputedly originally assembled at insistence St. Patrick fifth century common era (CE), we now know compiled seventh CE brings together number distinct texts, addressing range civil political well economic social matters. An understanding also requires recourse wide other law-texts, tradition captured poems wisdom-texts. Law-texts issues diverse bee-keeping, status poets (who key learning transmission law), principal remedies for criminal harm, canon demonstrate breadth depth Although Ireland not primarily legislative king-made there long national local assemblies, such Feis Tara, which may served ‘preserve [customary] laws rules’. While kings could issue ordinances times emergency, derived from custom found interpreted legal class (poets brehons) with strong clerical influences — an influence probably exercised druids earlier times. Though justice adjudicated linked process certain cases and/or played role approving decision brehon. shows significant church revision be seen end result collaborative reconcile ‘native Christian doctrine’.
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