Redressing Grievances: The Retaliation Model
To what extent has practice conformed to the principles outlined in Chapters 1 and 2? This chapter and the following one establish that history corresponds roughly with theory. They do so by contrasting two models of grievance-redress: a retaliation model and a criminal justice model. The former clarifies patterns of grievance-redress in primitive societies. Drawing on examples from Anglo-Saxon England, this chapter charts gradual movement away from a retaliation-based framework of grievance-redress that is based, in considerable measure, on key features of lex talionis. Anglo-Saxon kings labored, often with only modest success, to replace the feud-based approach to grievance-redress with a framework that insisted on impartial resolution of complaints about injury.