FAIDA

4 definitions found across Law Mind sources

FAIDAAuthored
The Law Mind • 855 words
Definition
A term from Saxon law denoting the deadly enmity — open, declared, and socially recognized — that arose between the kin of a murdered person and the kin of the murderer. Faida was not mere personal animosity but a formalized state of hostility: among Germanic and other northern peoples, any member of the victim's family was understood to have a legitimate claim to exact vengeance upon any member of the killer's family. The concept operated as a quasi-legal institution within early tribal legal systems, providing a recognized (if violent) framework for responding to homicide before state-administered criminal justice supplanted it.
Common Language
Modern common usage (Wiktionary): Not in general modern English use. "Feud" is the surviving cognate in ordinary English, meaning a prolonged and bitter quarrel or rivalry, often between families or groups. Historical common usage (Webster's 1913): Webster's 1913 does not carry a separate entry for faida, though it recognizes "feud" in both its common sense (a bitter, lasting quarrel) and as a legal-historical term for the same concept of blood enmity. The gap worth noting: "Feud" in modern English has been diluted to describe any prolonged disagreement, including trivial ones between neighbors or public figures. Faida in its legal-historical sense was a precise institution with defined participants (kin groups, not individuals), recognized standing (any kinsman could act), and social legitimacy within the community's normative order. Modern casual use of "feud" strips away all of that structural content.
Common Confusion
Faida is sometimes loosely equated with the wergild system, but the two operated differently and in tension with each other. Wergild was the monetary compensation paid to avert or settle a faida — it was the institutional remedy designed to extinguish the enmity. Faida was the underlying state of hostility; wergild was the mechanism for resolving it. Confusing the two inverts their relationship. A researcher encountering references to blood vengeance and compensation in the same source should treat faida and wergild as paired but distinct concepts rather than synonyms.
Why It Matters in Research
Faida is a term of purely historical and comparative legal significance. No modern jurisdiction recognizes faida as a legal institution; it survives in legal research only as a concept in the history of criminal law, Anglo-Saxon legal studies, and comparative Germanic law. Researchers working in early English legal history will encounter faida most often in secondary sources treating the development of the crown's monopoly on criminal prosecution. The displacement of faida — the private, kin-based right of vengeance — by royal jurisdiction over homicide is a foundational story in English legal history. Understanding faida is therefore necessary context for understanding why criminal prosecution came to belong to the state rather than to victims' families. In the Law Mind corpus, expect faida to appear in treatises on Saxon and early common law, in comparative legal history materials covering Frankish, Germanic, and Norse legal customs, and in discussions of wergild, bot, and the evolution of homicide law. The term will not appear in modern case law or statutory material. A research trap: sources using "feud" in historical legal contexts may be translating or paraphrasing faida without using the word itself. Conversely, some older scholarly sources use "feud" as the direct English equivalent of faida and treat them interchangeably. Context will determine whether "feud" is being used in its loose modern sense or as a technical historical equivalent.
Historical Dictionary Support
Black's Law Dictionary (both editions) and Bouvier's are in close agreement on substance. All three entries identify faida as a Saxon law concept, characterize it as open and deadly hostility arising from murder, and emphasize its kin-group structure — the right to vengeance running from any member of the victim's family against any member of the killer's family. Bouvier adds a useful precision the Black's entries omit: faida applied specifically to the deadly enmity in which punishment could be demanded from any kin of the murderer, not merely from the murderer personally. This collective liability of the kin group is the sociologically significant feature that distinguishes faida from an individual right of revenge. Bouvier also cites Du Cange and Spelman's Glossary as authorities, pointing researchers toward the primary reference works in medieval Latin lexicography and English legal antiquarianism that remain the scholarly foundation for this term. None of the three entries discusses how faida was extinguished — through wergild payment, royal intervention, or ecclesiastical mediation — which is the more legally consequential aspect of the institution for understanding the development of criminal law. Researchers needing that dimension should treat the dictionary entries as a starting point and look to the treatise literature.
Jurisdictional Note
Faida has no operative legal meaning in any modern common law or civil law jurisdiction. It is relevant exclusively in the context of historical Anglo-Saxon, Frankish, and Germanic legal systems. Researchers in Scandinavian legal history will find closely related concepts under different terminology in Old Norse sources.
Related Terms
Wergild — Blood feud — Bot — Saxon law — Homicide (historical) — Kin liability — Outlawry — Vengeance (legal history) — Criminal prosecution (history of)
FAIDAmain
Black's Law Dictionary • 1891
In Saxon law. Malice; open and deadly hostility; deadly feud. The word designated the enmity between the family of a murdered man and that of his murderer, K which was recognized, among the Teutonic peoples, as justification for vengeance taken by any one of the former upon any one of the latter.
FAIDAmain
Bouvier's Law Dictionary • 1928
In Saxon Law. Great and open hostility which arose on account of some murder committed. The term was applied only to that deadly enmity in defer- ence to which, among the Germans and other northern nations, if murder was com- mitted, punishment might be demanded from any one of kin to the murderer by any one of the kin of the murdered man. Du Cange; Spelman, Gloss.
FAIDAmain
Black's Law Dictionary (2nd Ed.) • 1910
In Saxon law. Malice; open and deadly hostility ; deadly feud. The word designated the enmity between the family of @ murdered man and that of his murderer, which was recognized, among the Teutonic peoples, as justification for vengeance taken by any one of the former upon any one of the latter.

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