EIGHT Dismemberement and price list
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The oath of a twelve-hundred man is worth the oaths of 6 ceorls (churls);
Note:TRASFORMAZIONE
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the number-based status
Note:NUMERO
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enlivened by reminding what the numbers stood for?
Note:ARIDITÀ DEL NUMERO
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the provision was meant to assert the nonnegotiability of the price.
Note:VALORE NN NEGOZ
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a thegn's oath, in a lawsuit, is worth six times the oath of a churl.
Note:IN TRIBUNALE
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Having a high wergeld did not, however, always work to your benefit.
Note:NN SEMPRE UN BENE
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it could also be the price you had to pay to redeem yourself from punishment,
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A perfect example cones from Hain- murabi's laws, which provided that a commoner had to pay less for being cured by a physician
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Slave
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Monetizing human worth makes us nervous,
Note:MONETIZZARE
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touch on our beliefs about fundamental human dignity and value,
Note:DIGNITÀ
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Talking about humans as money or property is not, we feel, consistent with certain pieties we have regarding the proper way to talk about the immeasurable
Note:INCOMMENSURABILE
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A free man in Alfred's kingdom risked being captured in war and sold across the sea. That is what Vikings pretty much did
Note:ESSERE VENDUTI
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Selling humans was a lucrative business
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Wergeld was a price with a higher "value"; it was the price of free people.
Note:IL TALIONE E GLI SCHIAVI
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An Icelandic law shows free people's value measured in terms of slave value
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TRASFORMAZ
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a betrothal was not legal unless the woman was actually worth the brideprice
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ill health,
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failings or defects.""
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it might be necessary to think of the free as virtual slaves, so as better to get at their true worth.14
Note:CONTINUITÀ TRA SCHIAVISMO E LIBERTÀ
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in some respects the talion is an idea that is risky for hierarchical societies to generalize too widely.
Note:IL TALIONE MINACCIA LA GERARCHIA
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it was an eye for an eye in Hammurabi among awilus, but not between an awilu and a commoner
Note:COMPARTIMENTI STAGNI
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The
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Imagine that you are going to write down the first laws for your society. Would you devote roughly half of the ninety you pen to what follows?"
Note:COSTITUZIONE
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grabbing of hair
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baring of a hone
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If notching jor cutting] of a hone
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If the outer covering of the skull is broken,
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If a shoulder is lamed,
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If either ear cannot hear,
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If the ear is struck off,
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If an ear is pierced,
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If an ear is gashed,
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If an eye is out,
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If the mouth or the eye is disfigured,
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If the nose is pierced,
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If it [the piercing] is on one cheek,
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For the four front teeth,
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If speech is damaged,
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If the collarbone is broken,
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He who stabs through an arm
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If an arm is broken,
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If (one/ strikes off f a thumb,
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If a person destroys the generative "limb"
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Why such a schedule? What does it mean?
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the prices of body parts,
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what sense can we make of the relative valuation?
Note:PERCHÈ LE PARTI?
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The schedule of prices for personal injury just presented follows upon sections devoted to compensation amounts for theft,
Note:SEGUE IL FURTO
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The primal form of a law may not take the form "thou shalt not," but has instead the form "for X pay Y,"
Note:NO PROIBIZIONISMO
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Once the personal-injury section concludes with toenails the laws move on to marriage,
Note:DALL UNGHIA DEI PIEDI AL MATRIMONIO
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The code concludes with servants and slaves, whose being commoditized does not surprise us.
Note:SCHIAVI E SERVI
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run not just head to toe but head to toenails. Even some of the apparent deviations make sense.
Note:DAI CAPELLI ALL UNGHIA DEL PIEDE
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top-to-bottom ordering
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the cost to the thief was the value of the stolen property multiplied by a multiple geared to the status of its owner;
Note:FURTO E STATUS
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The free thief who steals from a priest pays ninefold the value;
Note:FURTO AI PRETI
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He can't even pay with his body, for it is not his
Note:COME RIPAGA LO SCHIAVO?
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One suspects that most all these multiples are the stuff of hierarchical ideology or fantasy,
Note:IL MULTIPLO
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two substantive principles at work that help determine the price of the damage: one is utilitarian
Note:UTILITARISMO
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The other principle of valuation is about "looks" and thus directly about honor and shame.
Note:APPARENZA REPUTAZIONE
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To have one's front teeth knocked out
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in which about ten people go at it pretty good. Some lose a few incisors; some get their ears bit off, an eye gets poked out here, an arm broken there, a scalp lacerated, and a lot of cuts and bruises. In honor societies such occurrences are fraught with all kinds of disruptive possibility. There is the legal morass: every injured party, or the kin of any who got killed, has a claim for the harm he suffered and liability for what he inflicted.
Note:RISSA... POSSIBILE DERIVA DISTRUTTIVA
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The more numerous and messier the claims, the more likely it was that the whole incident would he submitted to arbitrators who would dictate a settlement. Instead of ten or more suits, they would all he joined in a single arbitration.
Note:ARBITRO
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The sagas show people in the heat of a battle actually keeping a running account of the damage they were inflicting, deducting the damage they were suffering.
Note:CONTABILITÀ NELLE RISSE
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There was a poetry to such awards, an art to balancing who against whom, whose what against whose what.
Note:ARTE CONTABILE
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A-:thelberht's schedules might have served more as an aid to arbitrators,
Note:AIUTO AGLI ARBITRI
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But maybe the schedules were not really meant to be used. Felix Liebermann, the great editor of the Anglo-Saxon laws, considered these body-part schedules "wohl nur juristische Theorie," a lawyerly fantasy of precision and order.;
Note:SOLO TEORIA?
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The Icelanders had no schedule of body-part prices and yet were masterful at balancing injuries
Note:ISLANDESI
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perhaps this was a way of introducing clarity
Note:CHIAREZZA
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Prices could look stable in the blood-and-body-parts market,
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DOMANDA E OFFERTA NN PESANO
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I remember offers of dismemberment insurance that were given to us as grade-school children that we were to take home to our parents. These listed what our parents would get in dollars if we lost an eye or a leg on the playground.
Note:ASSICURAZIONI MODERNE
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Flipping
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Consider the hand, which unlike the foot in §69 is not dealt with as a whole, but as the sum of the thumb and fingers:
Note:LA MANO E LE SUE DITA.... MINIERA D INF
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The opposable thumb
Note:CIÒ CHE CI RENDE UMANI
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Montaigne devotes an essay to the thumb,
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Not until I broke my little finger pretty near off trying to tackle my then ten-year-old son
Note:IMPORTANZA DEL MIGNOLO
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I realize the functional value of the little finger. Muchof the gripping force of the hand depends on it,
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The job the index finger does can be assumed by the middle finger
Note:SOSTITUTI
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The ring finger cannot, however, substitute for the baby finger.
Note:INSOST
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The little finger, because it is the little finger after all, can play a symbolic role too.
Note:SIMBOLISMO DEL MIGNOLO
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"truncetur minimus digitus in signum," have their little finger truncated as a sign. No need to destroy nearly all their economic value
Note:SCHIAVI PRESI A RUBARE
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the middle finger? Why so low? Could it be that it was a taboo finger back then too?
Note:LO SCARSO VALORE DEL MEDIO
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routinely available for nonreproductive sexual work and not much else,
Note:SESSO NN RIPRODITTOVO
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a. indexh. impudicusc. anularisd. auricularis
Note:DENOMINAZIONE
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The middle finger is priced the lowest because it is a dirty finger. It is a finger of insult. It can curse.
Note:SPORCO
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Note:PENE
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Note:NO MESSA
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Note:CLASSIFICA
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Note:FETICISMO DELLA DONNA
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Note:PIEDI E OCCHI
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Note:PERCHÈ COSÌ TANTO?
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