Contents

Chapter XI

THE LAW OF TORTS AS CIVIL LAW . . . 244

¶ The Law of Torts civil wrongs where an injured person seeks compensation applied in Ireland to cases dealt with under Civil Law in modern times—Advantages in the disciplinary effect arising out of the older custom: “Evil is wrought from want of thought, as well as from want of heart” original quote from Thomas Hood: “Evil is wrought by want of Thought, / As well as want of Heart!”—The modern lawyer thinks it odd that civil wrongs should be treated in Civil Law with the same consideration for (1) excusing circumstances and (2) blameworthy circumstances as in cases of intentional crime. To the educator, it is evident that this careful distinction in cases of preventable accidents has considerable value for character training—The special rules set out in this chapter illustrate this statement: for example, the rules regarding “no gold lying out in a smith’s shop” a rule concerning liability for negligence, “the fool in an alehouse,” “the person who half-intervenes in a dogfight,” etc.

Chapter XII

ADMINISTRATION OF THE LAW OF TORTS BY DISTRAINT . . . 259

¶ The plaintiff the person bringing the lawsuit acted as his own police officer—No executive or judicial officer was provided by the State—The process of distraint the legal seizure of someone's property (usually livestock) to force them to pay a debt or perform a duty was invented to induce the defendant to submit to arbitration—A description of the procedure according to a regular ritual, where each step involved the defendant in further loss and annoyance—Stays legal delays or pauses on distress for one or more days, and even exemptions in cases of urgent need—Rules of distraint for poets, craftsmen, churchmen, and the king—A collection of regulations set out in tetrads groups of four to aid the memory—A description of carrying off the seized property and winding up the business, with the submission of the defendant and the Brehon’s award the final judgment or compensation amount decided by the Irish judge—Rules regarding the provision of legal agents of equal rank on both sides.