Quote:
Originally posted by baltassoc
Tomato, tomahto. There ain't no weregeld no more. We have torts, but we also have criminal law. That division is a fundamental change in concept.
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No, no, no. The major change in concept was the idea that the Sovereign had a monopoly over the use of force.
Look at it this way. Year 800. Pick your Germanic country. Commit a violent crime. What happens?
(1) there is a price to be paid to the victim;
(2) violence is done to your body by the victim's family.
Fast forward to 2003. Commit a violent crime anywhere in the US.
(1) there is a price to be paid to the victim;
(2) something (maybe not actuall violence) is done with or to your body by the government.
(1) doesn't seem to be the difference. (2) is.