Characteristics of Anglo-Saxon Common Law or People's Law
posted on
Oct 13, 2011 04:40PM
Characteristics of Anglo-Saxon Common Law or People's Law 1. They considered themselves a commonwealth of freemen. 2. All decisions and the selection of leaders had to be with the consent of the people, preferably by full consensus, not just a majority. 3. The laws by which they were governed were considered natural laws given by divine dispensation, and were so well known by the people they did not have to be written down. 4. Power was dispersed among the people and never allowed to concentrate in any one person or group. Even in time of war, the authority granted to the leaders was temporary and the power of the people to remove them was direct and simple. 5. Primary responsibility for resolving problems rested first of all with the individual, then the family, then the tribe or community, then the region, and finally, the nation. 6. They were organized into small, manageable groups where every adult had a voice and a vote. They divided the people into units of ten families who elected a leader; then fifty families who elected a leader; then a hundred families who elected a leader; and then a thousand families who elected a leader. 7. They believed the rights of the individual were considered unalienable and could not be violated without risking the wrath of divine justice as well as civil retribution by the people's judges. 8. The system of justice was structured on the basis of severe punishment unless there was complete reparation to the person who had been wronged. There were only four "crimes" or offenses against the whole people. These were treason, by betraying their own people; cowardice, by refusing to fight or failing to fight 14 courageously; desertion; and homosexuality. These were considered capital offenses. All other offenses required reparation to the person who had been wronged. 9. They always attempted to solve problems on the level where the problem originated. If this was impossible they went no higher than was absolutely necessary to get a remedy. Usually only the most complex problems involving the welfare of the whole people, or a large segment of the people, ever went to the leaders for solution.