Return to revenge?

When law and order began, the only court was the head of the family or tribe. His (it was almost always a man) word was law. And, if the chief honcho was a bully -- tough. There was no court of appeal.

With the development of farming came settlement; we began to cluster together in groups of families. We also began to have private possessions. Once we started to own property we started to have disputes.

Coping with strife between families called for a new approach to the administration of law. We could carry on with the free-for-all system, but this had a major disadvantage. The person with the biggest club and the muscles to wield it generally won all his cases whether he was in the right or the wrong. This was a great breeding ground for vengeance. The man with the biggest club might find out, but not in time, that somebody had slipped poisonous berries into his breakfast juice. This might begin an endless cycle of revenge and chaos.

The concept of justice evolved when society as a whole decided to take action on behalf of those who were wronged. If the aggrieved family could see justice being done, there was less chance that bloody vengeance would be exacted.

Someone other than the parties to a dispute would examine the evidence and make a decision. A tribunal was a popular group for this job. But, the tribunal took all the roles of the modern courtroom. Its members investigated the allegation, discussed it among themselves, and then announced their verdict. Everybody knew the accused and the plaintiff. Everybody also knew the facts surrounding the case. How better, they argued, to make an informed and accurate decision. The first juries were also chosen from among those who had personal knowledge. (It's only in modern times that we've turned this notion on its head and insisted that jury members have no prior knowledge of the case they are about to hear.)

As courts and the administration of justice became more sophisticated they became more impersonal. Police, judges, lawyers, jurors, and (later perhaps) prison guards, and executioners became the major players; none of these people being personally involved in the dispute. In our time, the emphasis has shifted away from punishment and revenge. This has left many victims and their supporters feeling cheated.

Today, more and more voices are heard calling for the authorities to "get tough with criminals." Many people believe the modern justice system has gone too soft and liberal.

There's more than a hint of vengeance in these cries, a call for a return to the good old days. But, before we head too far back along the road we've travelled, we should remember that at its end stands the man with the biggest club.