brehon laws


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Related to brehon laws: Senchus Mor

brehon laws

early Irish laws under the control of brehons, an hereditary caste of lawyers. They survived the Danish and Anglo-Norman invasions, but in the Case of Tanistry in 1607 were declared to be incompatible with English common law, which henceforth should apply throughout Ireland.
References in periodicals archive ?
Admittedly, this is a misunderstanding of the Brehon Law but it highlights the challenge Johnston posed to the common law and the Crown's authority.
Restorative justice is a relatively new introduction to the modern justice system, although it has its roots in the old Brehon laws.
Gorman, supra note 30, at 221 ("Even the English settlers outside of the Pale had adopted the Brehon laws, and great Anglo-Saxon lords in Ireland kept Brehons in their service like the Irish chiefs.
that the Irish clung so tenaciously to their Brehon laws, because they found no protection under the English substitutes.
In the 1600s the Gaelic aristocrats left Ireland, never to return, leading to the loss of the Brehon Laws and the experiment of a Protestant plantation in Northern Ireland.
The Irish who would have been living under Brehon Law were actually very forward thinking.
However when you are dealing with Brehon Law it is fair to say that the ancient Irish were very advanced compared to a lot of their European counterparts.
In Ireland, the government commissioned editors to translate and publish the traditional Irish Brehon laws in volumes that came out in 1865, 1869, and 1874.
When Maine turns his attention to the Irish Brehon laws in 1875, he seems in his writing to have imbibed a tendency to write of Ireland as oddly exempt from the conquest that makes up its history in the last millennium.
For Maine, the instructiveness of Brehon laws lies in their "showing that institutions of modern stamp may be in existence with a number of rules by their side which savour of another and a greatly older order," a lesson that he applies at the end of his lectures by speculation on the pre-feudal survivals still apparent in English law (89).
Roman law, abstract and deductive, with what Leibnitz saw as a geometric perfection, should be leavened with indigenous Brehon law, inductive and arithmetic, and suitable to a society where social ties were personal rather than civil.
Law in Ireland claimed such transcendence, but it was English law, an imperial imposition on a colony which itself had an ancient system of law, the Brehon law, though this was disparaged as not civilized law but merely barbaric custom.