wergild developed as
Consent to Retaliation: A Civil Recourse Theory of Contractual Liability
In the ancient Near East, contracts were often solemnized by hacking up a goat. The ritual was an enacted penalty clause: "If I breach this contract, let it be done to me as we are doing to the goat." This Article argues that we are not so far removed from our goat-hacking forbearers. Legal scholars have argued that contractual liability is best explained by the morality of promise...
Proposing a transactional approach to civil forfeiture reform.
..., which involved surrendering property to the wronged party, rather than to the state--developed in the tenth century laws of Alfred the Great, and reflected a mixture of biblical ideas and Saxon wergild traditions. (14) Deodand required the surrender, directly to the Crown, of an object that had ...
Punitive damages: public wrong or egregious conduct? A survey of New York law.
... killed another man, he was bound to pay the man's family a certain price, which was his wergild, or "man-payment," based upon the deceased's social rank. (7) The purpose of the payment was ... nature not philosophers of the law; it may be a reflection of the fact that damage rules developed late in the history of the common law. Whatever the explanation, we must begin without any firm ...
276 F.2d 42 (5th Cir. 1960), 17990, Thibodeaux v. J. Ray McDermott & Co.
... 7 In a nut shell, this is the plaintiff's theory. Tracing it from the blood money of Wergild, the non-survival of actions, the Lord Campbell Acts, interpretations on them by common law ... on the basis of an implied contract properly to perform the stevedoring subsequently developed in Ryan Stevedoring Co. v. Pan-Atlantic Steamship Co., 1956, 350 U.S. 124, 76 S.Ct. 232, 100 L.Ed. ...