The Brethna—the early Irish legal tradition—was systematically dismantled during colonisation. But its erasure did not end in the 17th century. The legal values it represented—decentralised authority, kin-based accountability, oral transmission, and cyclical time—were replaced by bureaucratic, extractive systems that continue to shape today's institutional injustices. This post explores how the legacy of colonial legal imposition still structures modern problems.
Relational Justice Was Replaced by Paper Trails
In the Brethna, legal responsibility was shared within kin networks. Today’s systems isolate individuals, demanding they navigate abstract procedures alone. Colonial rule restructured justice from relationship to rulebook—making systems harder to access and easier to weaponise.
Trust Became a Matter of Forms, Not Witness
Early Irish law relied on trained oral recall, poetic form, and live memory. Colonial systems introduced rigid documentation standards—privileging literacy, state language, and institutional mediation. Today, those without the right paperwork are often denied justice, access, or care.
Legal Timelines Ignored Human and Ecological Rhythms
The Brethna timed contracts by seasons and moons. Colonial law imposed static calendars, strict deadlines, and quarterly filings. This shift disconnected law from life’s rhythms, embedding urgency and control instead of restoration and context.
Justice Became a Tool for Resource Control
Brethna law prioritised restitution: healing harm, restoring balance. Colonial courts imposed fines, seizures, and imprisonment to enforce state revenue. Today’s systems still lean on punishment and cost—not resolution—as the measure of legal function.
Restoring What the System Forgot
Colonialism didn’t just remove a legal code—it replaced a worldview. Reclaiming Brethna principles isn’t about nostalgia. It’s about recognising that many of today’s legal harms—carceral violence, bureaucratic cruelty, erasure of oral communities—arise from the systems that erased ours.