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LawAndJustice

Notes:

Early threat of annihilation forcing, among other things, a definition of civilization, out of which derives rights.

Rights variations over history, and in place.

Rights vs. sentience: DY affecting animals, and what exactly is sentience in this instance? (this question connects with Animal Relations

Government Organization

The most common form of government that grew out of civilian organization, at its simplest, is king/queen, count, holder, people. the ruler is discussed under royalty. The Count was the central authority for counting things--people, taxes, trade. Counts usually presided for kings over market centers, and in some places had final jurisdiction over guild councils who could not come to a consensus. Gradually that jurisdiction led to more power in local justice.

Holder was the land-holder, responsible for land governance, which included farming, arranging market and trade outside of the holding's borders, and for the people living in the holding. Human beings like continuity, and so most Holders tended toward inheritance and family association with the land. In some countries, Holders became barons. (The actual words are different, but I use the English ones for context recognition.) Generally speaking, Holders became Baras when military duties were added to Holders' existing duties--and rights. Humans being humans, in some places many thought baras a more lofty title, as it did come with the power of the sword.

Parallel to Counts were Jarls, as it derives from the Venn jarl which evolved into a number of different forms--even in the Land of the Venn. Jarl, hyarl, karl, kerl, karr, dar are just a few of the derivations of that word, but they all go back to a military leader whose status roughly paralleled the duchess or a military count. He was a regional military commander, and dispensed certain kinds of justice in his territory. But he owed fealty, and trained men, and service, to the king. Just what the justice was composed of (in other words, how much power he held, and how much the king could interfere in his land) was, and is, a lively and sometimes fiercely contested question today. Jarl became jarlan--differentiated as for centuries in what became Marloven Hess woman couldn't command, until fairly recently.

In Sartor, there are duchas below prince, which title has been carried into other lands where Sartor has had influence.

In very old-fashioned kingdoms where gender division still is in force, dukes (and duchesses) and marquis and marquise) exist. Generalizing severely here, siblings of crown princes or princesses tend to resent it even more if their titles reduce them to everyday level, and of course that adds no prestige to the family. In tiny, isolated, or little populated kingdoms where the king and queen are basically figureheads or local arbiters, and they often work right alongside everyone else, these questions don't arise. But in powerful countries where the myth of kingship is carefully preserved for whatever reason, siblings need titles too.

Generally speaking, then, when king has an heir, the title prince pr "princess" goes to the heir and the subsequent royal children. The king's or queen's siblings can become duchas, or in really old-fashioned places, marquis or marquise.

In most kingdoms, the sons and daughters of princes whose sibling is the ruler do not inherit any title. They become Ordinaryperson of royal family, daughter of Prince or Princess Sibling. (Historically there were a few places that tried passing titles down, until everyone had some sort of title, but nothing attached to it, a la Imperial Russia before the Revolution. This custom was dropped.) However, in situations where royal relatives caused local problems, frequently treaties were made in effect granting land and jurisdiction to the revolting relative, if that relative had a popular cause. This is how principalities, were created: they are all, somewhere in their history, related to the royal family in some way.

Over time, many of these vanished and were gathered back into the kingdom, some developed their own laws and customs, and remained a distinct polity, though with carefully negotiated relations with neighbors. Some of these titles also folded back and vanished, others were negotiated as permanent.

Some lands have other titles, but these are the basic ones.

Questions of Justice: who decides what?

The tension between governmental justice and local: who decides what, and who is answerable to whom--and why?

Kanis Sel Deris in Mearsies Heili--like a constitution.

Indevan's Law in Marloven Hess ( a distillation of military regs extended to civilians, meant to extend the same justice to all, as civilian rights tended to vanish before military rights.) Early in his reign, Senrid made a proclamation before Convocation that the Jarls no longer had the right of summary execution, which nearly caused another revolt. This was amended to include a trial first, with a jury of three agreed to by both sides.

Sartoran law is extremely complicated, precedence having tremendous force. There is an entire guild who spend their lives reading, annotating, and interpreting Sartoran law, which is used by both sides.

Some of the peculiar customs of various countries, rituals to remove the 'individual' and replace it with 'the face of justice' and how this translates out. (Ref to the treason trial in Slam Justice.)

Law, the problem of international law--who enforces? Evolving notions, and the relationship of the Mage Council, and Lilith the Guardian in these matters.

Siereatanrael here?

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Page last modified on July 13, 2017, at 08:27 AM