Modern Weregeld: Calculating Restitution for Murder
I noticed and joined a group on Facebook which is named “If i get killed, no matter how evil the crime don’t seek a death penalty”.
This is what I wrote on the wall of the group:
“Capital punishment is only part of the problem. Punishment of any kind is not justice. Justice is best understood as compelling the criminal (forcibly if necessary) to make restitution to the victim. If the victim has been killed, restitution should go to the kin, associates and (if applicable) insurance company.”
The ancient custom of restitution to kin and associates for murder (or any other wrongful death, as I understand it) was referred to in Germanic tribal law as weregeld.
The Wikipedia article mentions that “The standard weregeld for a freeman appears to have been 200 solidi (shillings)…“, although it also explains that the amount could vary widely according to social status.
It seems to me that in a modern context of the understood importance of “equality before the law” and liberty as the natural right of all, the weregeld for a “freeman” arrived at in those times serves as a landmark to orient by and a potential default restitution amount for arbitration over any wrongful death. Furthermore, it seems to me that restitution amounts should only vary from that default if compelling and detailed reasons for that departure can be articulated and withstand critical analysis.
A solidi or shilling is said to have been 4.5 grams of gold. Thus, 200 shillings would be 900 grams of gold. I suggest 900 grams of gold be considered the default amount for restitution awards in cases of murder or any other wrongful death. At current rates, that works out to about $33,000 in US fiat currency.
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900 grams of gold is way too low. About 1000 ounces of gold is more appropriate.
If the weregeld is too low, then someone will say “OK! I murdered you! Here’s your 900 grams of gold!”
It would be reasonable to vary the penalty by age. For example, a 20 year old person should have a higher weregeld than a 70 year old person.