In the early Middle Ages, in small kingdoms like Ergyng — which once lay between Wales and England — law was not based on state-run punishment. It was based on compensation. If you injured someone, you paid them, or their family, a sum of money or goods. Justice was not an abstract bureaucratic process; it was an act of direct reparation between individuals.
As our society moves toward more localist forms of living — smaller, more self-reliant communities, detached from the vast structures of state bureaucracy — it is worth revisiting this ancient and surprisingly humane idea.
A Brief History of Compensation Law
In early British societies like Ergyng, the law was customary and largely oral. It rested on a few simple principles:
- Harm must be repaired. A physical injury, theft, or insult demanded payment to the victim.
- Kinship matters. Families, not just individuals, were responsible for paying and receiving compensation.
- Status is recognised. Different social roles — farmer, craftsman, noble — carried different levels of compensation for injury or death.
- Local witnesses decide. Disputes were settled by community elders or assemblies, without a distant legal system.
Written codes, where they existed, mainly served to record these customs rather than invent new ones. Justice was about restoring balance, not enforcing punishment for its own sake.
Why Compensation Fits a Localist Future
Localist societies need justice systems that are:
- Local and flexible
- Focused on the victim
- Reparative, not destructive
- Community-owned
A compensation-based system meets all these needs, avoiding distant bureaucracies and helping communities to heal themselves.
How It Might Work Today
Imagine a small localist town in the near future. A theft occurs. Instead of calling the police, the victim brings the case before a local assembly—a meeting of trusted community members.
If the assembly finds the accused responsible, they order repayment:
- The stolen goods must be returned (or replaced).
- Based on the harm and distress caused, an additional sum is paid directly to the victim.
- If necessary, the offender’s family or community group helps raise the sum.
If the offender cannot pay, alternative forms of compensation — such as labour, community service, or structured repayment — could be arranged. The goal is not punishment for its own sake, but restoration of trust and balance.
Importantly, repeat offenders or those who refuse to comply might lose their standing in the community — a serious penalty in a world where trust and reputation are vital.
Learning from the Past
Compensation-based justice is often dismissed today as primitive or outdated. Yet it reflects deep wisdom about human society: harm must be acknowledged and repaired, not hidden behind distant systems of authority.
In rethinking how we live in smaller, more resilient communities, we should not be afraid to look back. The experiences of forgotten kingdoms like Ergyng offer valuable lessons — not as museum pieces, but as living ideas for a new, localist society.
Real justice happens face-to-face — restoring relationships, rebuilding trust, and repairing the harm. It’s time to remember.