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The Explanation of Behaviour was the frst book written by the renowned philoso-
pher Charles Taylor. A vitally important work of philosophical anthropology,
it is a devastating criticism of the theory of behaviourism, a powerful ex-
planatory approach in psychology and philosophy when Taylor’s book was
frst published. However, Taylor has far more to offer than a simple critique
of behaviourism. He argues that in order to properly understand human be-
ings, we must grasp that they are embodied, minded creatures with purposes,
plans and goals, something entirely lacking in reductionist, scientifc expla-
nations of human behaviour.
Taylor’s classic work is essential reading for those in philosophy and psychol-
ogy as well as related areas such as sociology and religion.
This Routledge Classics edition includes a new Preface by the author and a new
Foreword by Alva Noë, setting the book in philosophical and historical context.
Charles Taylor is Professor Emeritus at McGill University,
Canada. The author of many books on social and political
philosophy, the philosophy of mind and language and the
history of philosophy, he is one of the best-known and widely
read philosophers in the world. He is also a prominent fg-
ure in Canadian politics and is a prominent voice in debates
about liberalism and multiculturalism.
Routledge Classics contains the very best of Routledge
publishing over the past century or so, books that have, by
popular consent, become established as classics in their
feld. Drawing on a fantastic heritage of innovative writing
published by Routledge and its associated imprints, this
series makes available in attractive, afordable form some of
the most important works of modern times.
INDEX 293
Foreword to the Routledge
Classics Edition
Philosophy, like art, when it is serious and vital, does not go out of
date; but as the situation changes, the sources of its signifcance may
vary too. This applies to the book you are reading now. When The Ex-
planation of Behaviour was published in 1964, behaviorism was still the
dominant approach in academic psychology (especially in the United
States), and this notwithstanding Chomsky’s negative review of Skin-
ner’s Verbal Behavior some fve years earlier (Chomsky 1959). Assault
is not too harsh a word to describe the pile-driver-like intensity of
Taylor’s dismantling of behaviorism’s absurdities (in the book’s sec-
ond half); this is concealed not at all by the restrained style of High
Analytic Philosophy in which the book is written.
But philosophical readers uninterested in exhuming behaviorism’s
remains, or coming better to understand its rise and fall, will need
to look beyond the book’s surface preoccupation with behaviorism,
to glimpse its truer concern. And this a topic no less important today
than it was then, namely, the question whether it is possible to do
this thing we call science when it is we ourselves that would be its
xii FOREWORD TO THE ROUTLEDGE CLASSICS EDITION
object of study. It would be unfair to say that the proposition that sci-
entifc psychology, or neuroscience, or cognitive science, are, at least,
possible, is a dogma of the scientifc world view. It would be better to
say that this claim is a basic upshot of a prior commitment to ration-
ality itself. If we can ask questions, well then, we can use the meth-
ods of science—the gathering and sifting of evidence, the testing of
hypotheses—to work out answers. And yet the project of a science of
the human, or that of a rigorous anthropology, faces immense and all
too well-known obstacles. These have to do with consciousness and
subjectivity, value, freedom, and culture, all of which refuse, till now
anyway, to let themselves be regimented by what is often thought to be
demanded of a scientifc world view, namely, Reductive Materialism.
This is what Taylor’s The Explanation of Behaviour concerns itself with;
this is what Taylor’s recent books (Dreyfus and Taylor 2015; Taylor
2016), written nearly half a century later, on realism in science, and
on language, continue to concern themselves with. And it is thanks to
its engagement with this theme, second to none in fnal value, that The
Explanation of Behaviour recommends itself to contemporary readers.
But there are other considerations one might mention as well.
Philosophy books bashing science are a dime a dozen. Books that
manage to do so in ways that scientists themselves can be expected,
indeed demanded, to pay attention to, are much rarer.Two striking ex-
amples of this are Dennett’s Consciousness Explained (1991), and of course,
Merleau-Ponty’s The Phenomenology of Perception (1945/1964). Now Taylor’s
is a book of this kind. I shudder to think what it must have been like
to be one of the thinkers that came under his unfinching and untiring
examination in the book’s Part Two. But there are other connections be-
tween Taylor and this pair of authors that should be noticed.
Consider frst that the outlook and ideas of the Oxford philosopher
Gilbert Ryle, whose Concept of Mind was published in 1949, are never
far from the surface of The Explanation of Behaviour; and Ryle, whose infu-
ence over the whole feld was enormous, was to be Dennett’s Oxford
mentor in the years immediately following the publication of Taylor’s
book. Taylor’s own remarks (64) about “intentional systems,” that is,
about systems whose intelligibility requires viewing them with an eye
FOREWORD TO THE ROUTLEDGE CLASSICS EDITION xiii
to their purposes, comes close to anticipating not only Dennett’s ter-
minology, but also central elements of his theory.
Taylor’s attack on behaviorism is strikingly Rylean. For example, it
zeros in on the tacit reliance of behaviorism on a conception of the
mental as occult and interior, and so as beyond the reach of empiri-
cal science. Science, so the behaviorist believes, on Taylor’s analysis, is
confned to the study of “colorless movement” because the mind itself
is supposed to be inaccessible to direct observation and controlled
experiment. It is illuminating to be reminded, and ironic, that behav-
iorism leaves intact and indeed relies on just the way of thinking about
our mental lives which it so earnestly aims to discredit. And in all this
it is hard not to recall Ryle’s famous attack on Cartesianism and the
“Ghost in the Machine” (Ryle 1949).
As for Merleau-Ponty, consider this: The Phenomenology of Perception is
not cited, by my count anyway, in any of the major works on language,
perception, or mind published by philosophers or other scientists
writing in English in the four or fve decades following its publica-
tion in France at the end of World War II. To name only a few of the
authors whose books or papers do not mention Merleau-Ponty: Ryle,
Austin, Quine, Putnam, Davidson, Kenny, Chomsky, Strawson, Marr,
Fodor, Gibson, Dennett, and Cavell. We might throw in Wittgenstein
and Carnap for good measure, although their most important writings
were not in English.
The exception to this general neglect is the book you have before
you now, which, as it happens, was published the very same year
that Merleau-Ponty’s great book was fnally translated into English.
The Explanation of Behaviour, while in no way about Merleau-Ponty—he
is only mentioned a couple of times, in footnotes—is, one can say,
thoroughly informed by the latter’s insight and spirit.There are echoes
of Merleau-Ponty in Taylor’s excavation of the underlying empiricism
that motivates behaviorism, and that convinced so many that only be-
haviorism, with its reductive refusal to countenance goal, purpose,
intention, let alone consciousness or desire, had any chance of rising
to the level of rigorous science. Like Merleau-Ponty, Taylor argues that
we cannot explain what matters to people or animals, and why they
xiv FOREWORD TO THE ROUTLEDGE CLASSICS EDITION
REFERENCES
Chomsky, Noam. 1959. Review of Verbal Behavior. Language, 35 No. 1, 26–58.
Dennett, Daniel C. 1991. Consciousness Explained. Boston MA: Little Brown.
Dreyfus, Hubert, and Charles Taylor. 2015. Retrieving Realism. Cambridge MA:
Harvard University Press.
Merleau-Ponty, Maurice. 1945/1964. The Phenomenology of Perception. London:
Routledge.
Ryle, Gilbert. 1949. The Concept of Mind. London: Penguin.
Taylor, Charles. 2016. The Language Animal: The Full Shape of the Human Linguistic
Capacity. Cambridge MA: Harvard University Press.
Preface to the Routledge
Classics Edition
I am very pleased that this book, the basis of which was my doctoral
thesis, is being published again in the Routledge Classics series.
In fact, this book was an intervention in a crucial debate which has
been going on for a very long time, and which may never reach a
fnal agreed conclusion. This is the debate between those who believe
that an adequate account of human life, its evolution and historical
development can be given in the (atomistic and mechanistic) terms of
post-Galilean natural science, and those who hold that this attempt is
fatally fawed. It is a contest between those who hold that really valid
knowledge must take “scientifc” form, whose paradigms are found in
the sciences of nature, and those who believe that no adequate account
of the human can ignore or sideline the goals and achievements we
seek, and the self-understandings we grapple with, neither of which
can fnd a place in a science built on these paradigms.
My thesis was (and remains) that purposes and self-understanding –
in the terms of this work, teleology, and intentionality – cannot be
xx PREFACE TO THE ROUTLEDGE CLASSICS EDITION
more precisely in (some of) the societies which emerged from the
Latin Christendom of the Middle Ages.This was an exercise in herme-
neutics, and it has all the vulnerability of these. In keeping with what
I said above about hermeneutics, it makes no claim to be defnitive.
On the contrary, I know that a lot more needs to be said, and that the
picture will be very altered through these new contributions.
My most recent book, The Language Animal explores another facet of
the same brace of issues. Reductive theories of human life and devel-
opment have always seen language as primarily important through
its function of encoding, recording, and communicating information.
The early modern pioneers of language theory which preceded and
overlapped and contributed to the Enlightenment – Hobbes, Locke,
and Condillac – were very focused on the way in which language
contributed to – indeed made possible – the development of modern
science. And this focus remains in the heirs of this tradition, which
can be found in the post-Fregean strains of contemporary analytical
philosophy.
I in no way want to contest the importance this function of lan-
guage, and the way in which it has been developed and enhanced
through logic and philosophy. But language plays other crucial roles
in human life, which have been explored in an alternative tradition of
philosophy, taking its origin in German Romanticism, and in which
important fgures are Hamann, Herder, and Humboldt (and in the
twentieth century, Heidegger). Language is crucial to intimacy for hu-
mans; we foster intimacy, and also mark distance in the ways we talk
to each other. But also on a broader social level, the language we use
creates or underlines hierarchies. Think of what for many languages
rides on the distinction between intimate and formal address (the tu/
vous, or du/Sie distinction).
Not to speak of the roles of literature and art; nor of the importance
of narrative for our understanding of ourselves.
There are vast felds to explore here, which need to be integrated
into our theory of language, and therefore of our understanding of
ourselves as “animals possessing language”, the original defnition of
the human offered by Aristotle.
PREFACE TO THE ROUTLEDGE CLASSICS EDITION xxv
The above description of my writings makes me sound like a mon-
omaniac. And maybe there’s some truth to this. But in any case, it
should be clear that TEoB started me on a path that has led me to many
destinations of which I had little idea at the time, but in retrospect
form a single itinerary through many different sites. I am very pleased
that the book will once more be available, and I thank Routledge for
this.
My work has fallen mainly in what we call the “human sciences”,
which we could roughly characterize as the disciplines in which cul-
ture, and particularly cultural differences, play an obvious role: history
politics, social theory, religion, linguistics, and the like. But a central
area in which the dispute between the two contrasting outlooks has
been argued out lies in the biological or life sciences. This is certainly
the area where the reductive stance can appear most plausible.
While I don’t feel competent to intervene here, I have taken much
inspiration from the work of Evan Thompson, Denis Noble, and Lenny
Moss.
But once the reductive presumption is lifted, the road to a herme-
neutical account of human cultures is open, and this is where new and
important discoveries remain to be made.
Charles Taylor, 2020
Acknowledgements
This book was written while I was a Fellow of All Souls College. I am
very grateful for the opportunity that this provided me to complete
the work.
I would also like to thank Isaiah Berlin, Stuart Hampshire, Roy Hol-
land and Bernard Williams who helped by advice, and even more by
criticism, to make this book somewhat less inadequate to the subject
than it would have been.
PART 1
EXPLANATION BY PURPOSE
1
PURPOSE AND TELEOLOGY
It is often said that human behaviour, or for that matter the behav-
iour of animals or even living organisms in general, is in some way
fundamentally different from the processes in nature which are stud-
ied by the natural sciences. This opposition is variously expressed. It
is sometimes said that the behaviour of human beings and animals
shows a purposiveness which is not found elsewhere in nature, or that
it has an intrinsic ‘meaning’ which natural processes do not. Or it is
said that the behaviour of animate organisms exhibits an order which
cannot be accounted for by the ‘blind accident’ of processes in nature.
Or again, to draw the circle somewhat narrower, it is said of human
beings and some animals that they are conscious of and direct their
behaviour in a way which fnds no analogue in inanimate nature, or
that, specifcally in an account of human affairs, concepts like ‘sig-
nifcance’ and ‘value’ play a uniquely important part which is denied
them in natural science.
4 EXPLANATION BY PURPOSE
1. TELEOLOGICAL EXPLANATION
What, then, does it mean to say that human, or animal, behaviour
is purposive? Central to this claim would seem to be the view that
the order or pattern which is visible in animate behaviour is radi-
cally different from that visible elsewhere in nature in that it is in
some sense self-imposed; the order is itself in some way a factor in its
own production. This seems to be the force of the rejection of ‘blind
6 EXPLANATION BY PURPOSE
2. AN EMPIRICAL QUESTION?
Now a frst diffculty arises straight off with the objection that this
question, whether or not a teleological explanation holds, is not an
empirical one at all. In fact many theorists, and particularly students of
what can roughly be called the behavioural sciences, would hold that
the claim that animate behaviour must be explained teleologically or
in terms of purpose is a meaningless one, empirically empty or ‘meta-
physical’, that the whole question is a ‘pseudo-question’.This is espe-
cially true of many theorists in the feld of experimental psychology,
PURPOSE AND TELEOLOGY 7
those of the behaviourist school, on which the discussion later in
this book will mainly centre. These thinkers, extremely hostile to the
claims of teleological explanation, make short work of it by purport-
ing to expose, in summary fashion, its non-empirical character.
If this objection is a valid one, then our whole enquiry is stopped
before it starts. But, as a matter of fact, it is not. In fact, it reposes on an
interpretation of the notions of purpose and teleological explanation
which is arbitrary and by no means imposed on us.
Thus the claim that we must explain the behaviour of a given sys-
tem in terms of purpose is often taken to mean that we must explain
it by laws of the form x = f(P), where ‘x’ is the behaviour and ‘P’ is the
Purpose considered as a separate entity which is the cause or anteced-
ent of x. Of course the view that an explanation in terms of purpose
involves the postulating of a special entity is by no means confned
to those who are hostile to the idea. Many who were on the ‘vitalist’
side of the controversy in biology made use of a hypothetical entity
of this kind. (Cf. Driesch’s ‘entelechy’.) But there is no doubt that the
end result of this is to create a handy Aunt Sally for the mechanists. For
a theory of this kind can neither be confrmed nor add in any way to
our power of predicting and controlling the phenomena.
This can be readily seen. In fact, the only empirical evidence for the
operation of the purpose is the behaviour which its operation is used
to explain. There is thus no conceivable evidence which could falsify
a hypothesis of this kind because whenever the behaviour is emitted,
the purpose responsible is ex hypothesi assumed to have been operating.
And at the same time we would never be able to predict behaviour
with the aid of such a hypothesis. For if x having a value of x1 is due to
P having the value P1, and if the only evidence for P1 is the occurrence
of xl, then we have no way of knowing beforehand what the value of
x will be.
Now, of course, we might fnd some antecedent conditions for P,
such that we could determine the value of P ex ante by means of a
function such as P = f(a). But then we would be turning P into what is
often called an ‘intervening variable’,2 that is, a term useful in calcu-
lation which is nevertheless without empirical content, which is not
8 EXPLANATION BY PURPOSE
itself an empirical descriptive term. For in this case the entire empirical
content of the two functions P = f(a) and x = f(P) could be expressed
in one more complex function linking a and x directly, x = F(a). What
is meant by saying that ‘P’ is not an empirical descriptive term is that
no single proposition about P is open to empirical confrmation or
infrmation. Thus, in the case above, neither of these functions can be
verifed singly. We have seen above that this is true of x = f(P), but it
is equally so of P = f(a). The proposition formed by the conjunction
of both is open to empirical confrmation, but then the evidence for
this is the same as the evidence for x = F(a) which makes no mention
of P. That is, no empirical sense can be given to the supposition that
x = F(a) be true and the conjunction of the two functions false. Thus
the question whether or not the functions containing ‘P’ are to be
accepted is not an empirical but purely a stipulative question, to be
determined by the convenience in the calculation. ‘P’ is therefore not
an empirical descriptive term.
Thus those who hold that ‘purpose’ is essential to the explanation
of the behaviour of animate organisms are left with the unattractive
choice either of making an unverifable claim of no explanatory utility
in science or of winning their point at the expense of making the laws
true by stipulation. This view of the matter is very common among
behaviour psychologists who are unsympathetic to this claim. Their
view seems to be that their opponents adopt the frst position, that of
positing an unobservable entity, propositions about which cannot be
verifed. Thus Hebb in the frst chapter of his The Organization of Behaviour
speaks interchangeably of ‘animism’ (the view that animate behaviour
must be explained in terms of ‘purpose’) and ‘interactionism’ (the
view that behaviour is the result of the interaction of observable phys-
ical and unobservable ‘inner’ or mental processes) and of course ‘mys-
ticism’ (which doesn’t seem to have a very clear sense in Hebb’s usage
but which means something counter-empirical, unscientifc and gen-
erally nasty). Similarly, Spence3 speaks of animistic theories as those in
which the relation of the (unobservable) constructs to the empirical
(observable) variables is left entirely unspecifed (and hence they are
unverifable as in the frst alternative above).
PURPOSE AND TELEOLOGY 9
The upshot of this view, then, is that the claim that animate organ-
isms have a special status is undecidable, or rather that even to make it
is to say something which cannot be verifed. If the question is not to
be closed here we shall have to examine explanation by purpose more
closely in order to determine whether it must involve the postulating
of an unobservable entity which is the cause or the antecedent condi-
tion of behaviour.
Now, as we have said, explanation by purpose involves the use of a
teleological form of explanation, of explanation in terms of the result
for the sake of which the events concerned occur. Now when we say
that an event occurs for the sake of an end, we are saying that it occurs
because it is the type of event which brings about this end.This means
that the condition of the event’s occurring is that a state of affairs ob-
tain such that it will bring about the end in question, or such that this
event is required to bring about that end.4 To offer a teleological ex-
planation of some event or class of events, e.g., the behaviour of some
being, is, then, to account for it by laws in terms of which an event’s
occurring is held to be dependent on that event’s being required for
some end.
To say that the behaviour of a given system should be explained
in terms of purpose, then, is, in part, to make an assertion about the
form of the laws, or the type of laws which hold of the system. But
qua teleological these laws will not be of the kind which makes behav-
iour a function of the state of some unobservable entity; rather the
behaviour is a function of the state of the system and (in the case of
animate organisms) its environment; but the relevant feature of system
and environment on which behaviour depends will be what the con-
dition of both makes necessary if the end concerned is to be realized.
Thus for instance, we can say that the conditions for a given action,
say a predator stalking his prey, are (1) that the animal be hungry, and
(2) that this be the ‘required’ action, i.e., the action in his repertoire
which will achieve the result—catching his next meal. The condition
of an event B occurring, is, then, not a certain state of P, but that the
state of the system S and the environment E be such that B is required
for the end G, by which the system’s purpose is defned.
10 EXPLANATION BY PURPOSE
Now the fact that the state of a system and its environment is such as
to require a given event if a certain result is to accrue can be perfectly
observable, and the fact that this antecedent condition holds can be
established independently of the evidence provided by the occurrence
of the event itself.This type of law, therefore, does not suffer from the
disabilities of functions of the type x = f(P). On the contrary, whether
laws of this kind hold can be verifed or falsifed, and, if true, they can
be used to predict and control the phenomena like any others. To say
that a system can only be explained in terms of purpose, then—at least
insofar as this is an assertion about the form of the laws—does not in-
volve making an unverifable claim any more than it involves postulat-
ing an unobservable entity. The element of ‘purposiveness’ in a given
system, the inherent tendency towards a certain end, which is con-
veyed by saying that the events happen ‘for the sake of’ the end, can-
not be identifed as a special entity which directs the behaviour from
within, but consists rather in the fact that in beings with a purpose an
event’s being required for a given end is a suffcient condition of its
occurrence. It is not a separable feature, but a property of the whole
system, that by which it tends ‘naturally’ towards a certain result or
end. It is this notion of a ‘natural tendency’ towards a certain result or
end—which we shall discuss at greater length in the next section—
which lies behind the notion that, in systems whose behaviour must
be accounted for by laws of this kind, the order which results cannot
be attributed to ‘blind accident’, that is, to principles which are only
contingently connected with the bringing about and maintenance of
this order; for the principle underlying the laws by which the behav-
iour is explained is itself a tendency to produce this order.
3. ASSUMPTIONS OF ATOMISM
What considerations, then, led to the belief held by mechanists and
vitalists alike that the claim to some special status involved the pos-
tulating of some special entity? The background to this belief is very
complex and exploring it would involve unravelling a skein of con-
nected questions which surround this subject, some of which we
PURPOSE AND TELEOLOGY 11
hope to return to in the fourth chapter. But at this stage one of the
causes can perhaps be laid bare.
We can readily see that, in any explanatory functional law, the
antecedent and the consequent must be separately identifable.Thus it
cannot be a logical condition for the occurrence of the antecedent that
the consequent occur. Something like this was what was the matter
with our x = f(P). True, it was not a condition (logically) of P having
a certain value that x have the corresponding value demanded by the
function, but since the latter was the only evidence for the former, it
came to much the same thing. Similarly, the antecedent’s occurring
cannot be a logical condition of the consequent’s being held to occur.
Now teleological laws meet this requirement. For the antecedent may
occur independently of the consequent, and vice versa.
But there is a stronger requirement which teleological laws cannot
meet.This not only demands that the two terms which are linked in a
law be identifable separately from each other, that is, that it not be a
condition for identifcation of either term that it be linked to the other
term in the law,5 but also that each term be identifed separately from
any law in which it may fgure, i.e., that it not be a condition for the
identifcation of any term that it be linked to any other. Now this more
stringent requirement arises from the atomism which is part of the
tradition of empiricism, and is ultimately founded on epistemologi-
cal grounds. The notion is that the ultimate evidence for any laws we
frame about the world is in the form of discrete units of information,6
each of which could be as it is even if all others were different, i.e.,
each of which is separably identifable from its connexions with any
of the others. Our knowledge of the world is built up from the empir-
ical connexions which are found to hold (contingently) in experience
between these units. Thus the evidence for any law can ultimately be
given, although perhaps with great tedium, in terms of connexions
between such discrete units.Thus if a given chemical C, with defning
properties x, y and z, is held to produce a certain result R in some con-
ditions, although we may usually for convenience sake speak of this
law as C — R, the ultimate evidence for it is the concomitance of x, y,
z and R, each of which is identifable separably from the others.
Exploring the Variety of Random
Documents with Different Content
mancipia, proximo vero paterni and slaves, but the land to the
generis terram relinquat. next of the paternal kin.
(VIII) Usque ad quintam (VIII) As far as the fifth
generationem paterna generation the paternal kin
generatio succedat. Post succeed. But after the fifth, a
quintam autem filia ex toto, daughter, whether on the father’s
sive de patris sive de matris or on the mother’s side, may
parte, in hereditatem succedat; succeed to the whole inheritance;
et tunc demum hereditas ad and then finally let the inheritance
fusum a lancea transeat. pass over from the spear to the
spindle.
If any Francus homo shall have sons, his inheritance in woods and
in land shall pass to them, and what there is in slaves and cattle.
Concerning the maternal inheritance, let it go in like manner to
the daughter.
Theft was to be paid for ninefold with four solidi pro fredo.
The further clauses regarding theft in this border district of forests
and cattle and mixed population are not quite easily understood, nor
need we dwell upon them.
In c. XXX. the penalty for letting a thief go without bringing him
before the Comes or centenarius was 60 solidi, as in the Ripuarian
Laws.
Here, then, in wheat grains the Funt is the light Mina Attica over
again, Romanised in its divisions. The Zolotnic is the solidus or half-
stater. But in actual weight the pound is exactly half of the ancient
Eastern gold mina of 818 grammes.
The Pfund of Silesia (Breslau), according to Martini, was 405
grammes, and that of Poland (Cracow) the same. Only Sweden and
Riga seem to have adopted or preserved higher standards, the
double mark of Sweden being 425 and that of Riga 419 grammes;
but even these fell far short of the standard weight of 16 Roman
ounces, viz. 436 grammes. But throughout, low as the standard of
the Baltic Funts or double marks may have been, they were divided
according to the Roman commercial weight system into ores or
ounces and loths or half-ounces, and gwentschen or drachmas of
one eighth of an ounce, just as if they were of full Imperial weight.
The marks and the ores remained, but the old division of ores into
ortugs or staters had long ago disappeared.
The division into marks, ores, and ortugs was, however, in full
force at the time of the Norse laws, both for gold and silver. And the
evidence of actual weights seems to show, not only that for the
purposes of the Eastern trade routes, reckoning in marks, ores, and
ortugs was in common use, but also that the standard, like that of
the Merovingian coinage, was the ancient Eastern standard.
Thus the following weights, believed to belong to the Viking
period, from the island of Gotland, are now in the Royal Museum at
Stockholm (Nos. 4752 and 5984).
The ortug in
weight = Eastern
stater or two
Merovingian
solidi.
57·25 ” = 7 ” ” 8·1
32·65 ” = 4 ” ” 8·16
32·4 ” = 4 ” ” 8·1
24·35 ” = 3 ” ” 8·12
The chief difference is that the Frostathing law divides the leysings
into two classes, a significant point on which important
considerations turn.
The things for which full rett was paid may be described as insults.
If a man were knocked down, even if he fell on his knees, or if his
moustache were ‘seized with hostile hand’ (195), or if a man were
called ‘a mare or bitch,’ these were insults for which full rett was to
be paid (196).
The payments for inflicting serious wounds (sár) were regulated in
the same gradations according to rank as the rett, but were
threefold in amount. These payments were made in ‘baugs’ or rings,
each of twelve ores of silver.
Her hefr upp oc segir í frá því Here begins and is told that
er flestum er myrkt oc þyrftu þó which to most is dark and yet
marger at vita, fyrir því at many had need to know, because
vandræði vaxa manna á millum difficult matters increase among
en þeir þverra er bæði höfðu til men and those grow fewer who
vit oc góðan vilja, hvesso scipta both had the wits and the goodwill
scylldi ákveðnum bótum ef þær for it,—how to divide the fixed
ero dœmdar, fyrer því at þat er bóts (bœtr) if they are adjudged,
nú meiri siðr at ánemna bœtr, for it is now more the custom to
hvesso margar mercr gulls uppi fix the bóts, how many marks of
sculu vera epter þann er af var gold shall be paid on account of
tecinn, oc velldr þat at marger him who was slain, and the cause
vito eigi hvat laga bót er, er þó of that is that many know not
at vissi, þá vilia nú fáer því una. what the lawful bót is, and though
En Frostoþings bóc scipter they knew it, few will now abide
lagabót hveriom epter sínum by it. But the Frostathing book
burð oc metorði, en ecki hinum divides the lawful bót to every one
bótum er þeir ofsa eða vansa er according to his birth and rank,
í dómum sitia oc sáttmál gera. and not those bóts (bœtr) which
they that sit in courts and make
terms of peace put too high or too
low.
Here the writer clearly refers back to the ancient Frostathing book
as the authority for the ‘lawful bót,’ but on examination he seems to
add certain additional bóts which the courts now include in the
round amount of so many gold marks awarded by them in each case
as it comes before them.
The writer takes first the case of an award of six marks of gold
and describes how it is to be divided, and then the case of five
marks of gold, and so on.
The division is throughout made in silver marks,
ores, ortugs, and penningar. But when the items Division of it in
silver marks at
are added up, the total in silver divided at the ratio ratio of 1:8.
of 1:8 brings back the result as nearly as may be to
the number of gold marks from which the division started. Thus in
the clause describing the division of the wergeld of six marks of
gold, the silver items add up to 48 marks exactly, and the division of
this by 8 brings back the amount to six marks of gold. And so in the
clause dividing five marks of gold, the items seem to add up to one
ortug only less than 40 silver marks, and again a division by 8 brings
the amount sufficiently near to five marks of gold.
In each case, however, the writer adheres to the
same scheme of division. When he has 6 gold The group of
Bauga men. The
marks to divide he first assigns 18 silver marks to other group of
Bauga men (i.e. the near group of kinsmen of male Nefgildi-men.
descent on the paternal side only), and then he
adds half as much (i.e. 9 marks) to a group of Nefgildi-men[180]
among whom are included, with others, kinsmen of descent through
females on both paternal and maternal sides. So that these two
groups of Bauga men and Nefgildi get 27 marks. In all cases he
makes the group of Nefgildi receive only half the amount received by
the Bauga group, the whole amount being reduced according to the
number of gold marks to be divided. After the amount allowed to
these two groups, the remainder is made up of additional payments
some of which he expressly declares were not included under old
law. Thus (in clause 6) he adds an amount which he says was ‘not
found in the old Frostathing book’ and justifies it by saying that
there would be danger to the slayer if it was not paid. And so again
(in clause 9), there are additions for half-brothers, half-brothers’
sons, &c., of the same mother. And these additions are included in
the six marks of gold ‘according to new law.’
Evidently, therefore, we must not take these wergelds of six and
five marks of gold with their divisions as representing the ancient
customary wergelds of this class or that in the social scale, but
rather as showing the extent to which the system of wergelds had
become somewhat arbitrarily expanded and elastic in later times.
The total amount with additions was apparently increasing as time
went on.
As in the Frostathing law so also in the Gulathing
law (clause 316, p. 104) there is a statement of Later statement in
the Gulathing law.
wergeld, avowedly of a late date and added under
the name of Biarne Marðarson, who lived about a.d. 1223. And this,
too, seems to belong to a time when the amount of the wergeld was
awarded by some public authority in so many marks of gold. He
takes the case of a wergeld of six marks of gold and shows how it
ought to be divided; and then the case of a wergeld of five marks of
gold and shows how that should be divided—‘What each shall take
of five marks of gold’ and so on—just as was done by the writer in
the Frostathing law.
One might have supposed from this that, as the method of
awarding fixed amounts and the amounts to be divided in gold
marks were the same, so the groups and the persons included in
them would have corresponded also. But they differ considerably.
Biarne Marðarson up to a certain point follows the same scheme
as the writer in the Frostathing.
In his division of six marks of gold he, too, draws a line at the
amount of 27 marks, and he also divides this amount into thirds and
gives two thirds to one group and one third to the other. The son of
the slain and the brother of the slain form the first group and take
18 marks, and a second group take 9 marks, the two together taking
27 marks.
The group who together take 9 marks, like the Nefgildi-men of the
Frostathing, embraces however by no means the same relatives as
are included in the latter. The only persons included are the father’s
brother and his children, i.e. first cousins or brœðrungs of the slain,
but among them are included the sons of concubines and of female
first cousins. And after the mention of these is the statement, ‘All
that these men take amounts to 27 marks and 2 aurar.’ Out of the
remainder of the 6 gold marks or 48 silver marks other relations take
to the ‘fifth man’ on the male line and the sixth on the female line.
Biarne Marðarson seems, like the writer in the Frostathing law, to
have had to some extent a free hand in the division. It is clear that
there was much variety in the course adopted. Nor does he seem to
have been by any means so systematic and accurate as the other
writer. The silver amounts, when added up, do not so accurately
correspond with the six gold marks to be divided.
We turn, then, from these later statements to
what seems likely to be an older statement of the Earlier wergeld of
the Gulathing law.
Norse wergeld, viz. that which commences at In silver marks
clause 218 of the Gulathing law. and cows.
To this is added
for women’s
gifts, i.e. the
mother,
daughter, sister,
and wife of the
slain, or in
default to the
son of the slain 1 mark or 3 cows + ½ ore.
Total 20 marks or 64 cows.
After this statement is the declaration, ‘Now all the baugs are
counted.’
A clause is here interpolated changing the point of view so as to
show how, and by whom on the slayer’s side the same three baugs
were paid.
Nú scal vigande bœta syni (222) The slayer shall pay to the
hins dauða hafuðbaug. son of the dead the höfuð baug.
En bróðer viganda scal bœta The slayer’s brother (if he has
brœðr hins dauða bróðor baug, one) shall pay to the brother of
ef hann er til, ellar scal vigande the dead the bróður baug;
bœta. otherwise the slayer shall pay it.
Nú scal brœðrongr viganda The brœðrung of the slayer (if
bœta brœðrongi hins dauða he has one) shall pay to the
brœðrongs baug, ef hann er til, brœðrung of the slain the
ellar scal vigande bœta. brœðrungs baug; otherwise the
slayer shall pay it.
Sá er sunr hins dauða er við He is [reckoned] the son of the
giölldum tecr, hvárt sem hann dead who takes the giöld, whether
er faðer æða bróðer, æða hvigi he is father or brother or however
skylldr sem hann er. he is related.
Then follows the declaration, ‘Now the baugs are separated’ (‘Nú
ero baugar skildir’).
It seems clear, then, that the slayer was in the last resort
responsible for the whole of these baug payments, as it was the son
of the slain who would take any part of them lapsing through failure
of the designated recipients.
The small payments to the mother, daughter,
sister, and wife included in the baug payments are Women’s gifts.
evidently additional and exceptional payments in
regard to close sympathy. The slayer does not make these
payments. It is expressly stated that they are made ‘by the
kinswomen of the slayer,’ but they are included in the even amount
of 20 marks or 64 cows.
The recipients of the three baugs, it will be seen, were limited to
the nearest relatives on the paternal side—fathers, sons, brothers,
and first cousins—with no descent through females, while the
recipients in the next set of groups or ‘upnáms’ include also relations
through females: but, again, only males receive.
There is, however, one exception. In clause 231 is the following:—
Nú ero konor þær allar er All those women who have sons
sunu eigu til sakar, oc systr are in the sök (suit), and sisters
barnbærar. þá scal þeim öllum capable of bearing sons. They
telia söc iamna, til þær ero shall all be held to have an equal
fertogar. part in it till they are forty.
Each gets a mark from the slayer if a hauld be slain; and this
amounts to 4 marks.