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Wellhausen, Julius, 1844-1918

"Prolegomena"

5).
Still, the king was not altogether the only judge; there were, in
fact, a number of independent jurisdictions. Wherever within a
particular circle the power lay, there the right of judging was
also found, whether exercised by heads of families and communities
or by warriors and powerful lords. It was only because the king
was the most powerful that he was regarded as the judge of last
resort; but it was equally permitted to apply to him from the first.
Of method and rule in these things there was but little; a man was
glad to find any court to receive his complaint. Of course without
complaint one got no justice. The administration of justice was at
best but a scanty supplement to the practice of self-help. The heir
of the murdered man would not forego the right of blood revenge; but
his family or the commune gave him aid, and in case of need took
his place, for bloodshed had at all hazards to be atoned for.
The firm establishment of civil order was rendered all the more
difficult by the continual wars and violent changes of dynasty
which ever and anon made its very existence problematical.


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