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.
... 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 Anglo-Saxon wergild traditions. (14) Deodand required the surrender, directly to the Crown, of ...
PHENOMENOLOGY, COLONIALISM, AND THE ADMINISTRATIVE STATE.
... theory, and particularly the hermeneutic theory that had developed on the European Continent during the century that preceded Husserl. (17) ..., and the legal sanction was compensation for the harm by means of wergild. Factual disputes about whether a particular person was responsible for ...
Punitive damages: public wrong or egregious conduct? A survey of New York law.
... 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 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 ...
276 F.2d 42 (5th Cir. 1960), 17990, Thibodeaux v. J. Ray McDermott & Co.
...Tracing it from the blood money of Wergild, the non-survival of actions, the Lord Campbell Acts, interpretations on ... contract properly to perform the stevedoring subsequently developed in Ryan Stevedoring Co. v. Pan-Atlantic Steamship Co., 1956, 350 U.S. 124, ...