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Ireland at the crossroads: Can the ancient Brehon laws guide the republic away from anti-immigrant sentiment

Christine Kinealy, Quinnipiac University, The Conversation on

Published in Political News

But familiarity with Ireland’s history may offer a counterpoint to the Ireland-is-full viewpoint, which has little to do with traditional Irish values regarding hospitality. Rather, such views run counter to Brehon law – the customs and laws that governed Irish society before the coming of the English in the 12th century.

The Brehon laws were a remarkable body of progressive codes that regulated all aspects of society, from beekeeping to homicide. Their exact origins are unknown, but for several centuries they were passed on orally from one generation to the next.

In the seventh century, the laws were written down for the first time, usually by Christian monks – the preservers of much ancient Celtic culture.

Restitution – or restorative justice – rather than punishment lay at the heart of the laws. Consequently, there was no capital punishment or prisons but a scale of penalties or fines for all transgressions, which were proportionate to the severity of the crime and the financial means of the perpetrator.

On the topic of hospitality, the Brehon laws were unequivocal: All households, from royal residences to the poorest of homes, were obliged to provide some measure of “oigidecht” – or hospitality – to travelers, even if they were unknown. In old Irish, the word oigi meant “stranger.”

The hospitality included food and drink, and even entertainment, although the level of each depended on the social status of the household. No monetary payment was expected, although the visitor could offer a poem or a song to his hosts.

 

Refusal to abide by these rules could result in ostracization or a fine.

The arrival of the English, and with them English common law, eroded the use of the Brehon laws, although they did not completely disappear until the 17th century.

Today, the name survives in U.S. cities through the existence of Brehon law societies, which place human rights at the heart of legal interventions.

It is the spirit of Brehon that I believe best represents Irish society today. Despite the outpouring of xenophobia in November and the emergence of anti-immigration politics, the majority of Irish people are still known for their hospitality to strangers.

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