Law in the Western Empire
Submitted to Disciple Loraan
By Supplicant Hasmar Tarquin
Legal TheoryThere are four sources of law in the Western Empire: the Tablets of Destiny, Imperial Edicts, precedent, and ancient tradition.
The basis for all law in the Western Empire is the Tablets of Destiny, which were given by the Gods to the first God-King as guidance for his rule over the Dominion of Man. The laws set forth in these tablets are unquestionable, but they are also often vague, and subject to differing interpretations by fallible humans. Someone familiar with modern Earth legal systems might be tempted to regard the Tablets as a constitution; this is accurate only in that they are used as an unappealable guide to what may be permissible. Unlike the United States Constitution, for example, they are not regarded as an all-inclusive statement of governmental powers - they are, instead, the only limitations on the God-King's power to make laws. Further, there is no provision for amending them; they are the perfect word of the Gods.
Because the Tablets offer only general guidance in many situations, God-Kings down through the centuries have passed a multitude of Edicts, some temporary and some permanent. An Edict may not contradict the Tablets, but the God-King otherwise has effectively unlimited powers to make laws. Historically, weak God-Kings have done so with the approval of the Twelve, but strong ones have had tremendous latitude. Edicts, too, are subject to interpretation.
In the interest of giving consistent results, most courts also honor precedent - they at least claim to decide current cases in a manner consistent with the way they have decided similar cases in the past.
Finally, some laws survive from the time before the Founding of the Empire, and are still enforced to this day. One example is the stipulation that only a landowner may sue another landowner; because nobody actually owns land except for the Emperor, the Baals, and a very few Kuurs, this is rarely relevant... unless you wind up with a legal cause of action against a Baal or a Kuur and you aren't one.
Foreigners take note: The God King was granted rule over the Dominion of Man by the Gods themselves when they presented the Tablets of Destiny. Culturally this is interpreted as the unquestioned rulership of the God-King over the race of humans on the World of Palladium. Thus the West does not officially recognize foreign human governments, rather foreign governments are seen as unruly "provinces" or lands held by rebellious nobility. The constraints of diplomacy determine day to day dealings, but this belief ever lurks behind the scenes and is the source of many of the Western Empire's wars of conquest.
The Court System
The court system of the West appears simple at first. The lowest level of court is that of the Enkenkurs; each Enkenkur maintains a court to hear actions brought within his or her jurisdiction. (Jurisdictions controlled by Temples may maintain their own Temple courts.)
If you wish to appeal a decision made in an Enkenkur's court, you may appeal to the court of any Umur who holds jurisdiction. If you don't like the Umur's decision, there is no further path of appeal (though you do have one remaining option; see "The Path of Supplication," below). Appeals are heard by the higher court as if the case were first coming before it (they do not give deference to the lower court's decision), and are heard at the whim of the higher court. There is no "right" to an appeal.
There are exceptions to this structure; some institutions have been allowed by their local Enkenkurs, or given the right by Imperial Edict or ancient tradition, to establish their own lower courts that place below the Enkenkurial courts in this scheme. Examples include the Old Market Assize, which handles allegations of cheating, food-tampering, and the like within the Market; the University Council of Swift but Equitable Discipline, (called by the students the "Council of Swift Beatings") which hears academic violations - including, interestingly enough, theft, but not assaults, taking place within the confines of the University; and the courts maintained by several of the trade guilds to regulate the professional activities of their members. Decisions of such courts can be appealed to the appropriate Enkenkurial court, if you can persuade the court to hear your case.
Enkenkurial jurisdiction is based on geography. You can bring suit in the court of the Enkenkur where you live, where the other party lives, or where the offense took place. One generally decides based on convenience (so you want to be the one who initiates the action), cost (the courts may charge different fees), where you're better connected, or which court has better precedent for your kind of case. The Edict of Inimitable Clerkly Supremacy, however, gives the Enkenkur of Ashur the right to assert jurisdiction and hear any case which legally can be heard in his courts, regardless of the parties' preferences.
Umurial jurisdiction is too complex a subject to discuss here. If you get to the point where you are considering appealing an Enkenkur's decision, hire a competent advocate who will research your specific situation and advise you for a reasonable fee. Citizens of the provinces may have to travel to Ashur to appeal the decision of their Enkenkur, as the Twelve Umurs and their courts are located in the City of Cities. Some Umurs send out wandering courts to hear such appeals occasionally, both to keep an eye on "their" Enkenkurs and because it's a good source of income. Most regard a provincial Enkenkur's decision as unappealable as a practical matter, and even a successful appellant may have trouble getting his judgment enforced once he gets back home.
Access to the Courts
There are some restrictions on access to the court system. First, only Citizens may bring actions in the courts (though non-Citizens may have actions brought against them). Second, only a landowner may sue another landowner. (Over the years, a work-around has been developed whereby you find a landowner willing to stand in for you, usually in exchange for a fee.) Finally, you may not bring suit against the God-King. Other than that, anyone who can afford an advocate, pay the filing fee, and get a court to hear their case can make use of the courts. Note that there is no right to access; every Enkenkurial court with potential jurisdiction over your case can refuse to hear it. This generally happens only when a commoner is attempting to bring suit against a noble, or something similarly silly. Only Advocates who have been licensed to practice in a specific court may actually argue cases in that court; you may not represent yourself. Advocates, of course, pay licensing fees to each court in which they practice.
Criminal Law
Apart from "Crimes Against the Empire," there is no criminal law in the Western Empire. Murders, assaults, thefts, and the like are treated as private actions brought by the aggrieved party against the defendant. Serious offenses against the Empire (treason, lese majeste, and the like) are dealt with by Imperial Edict; death is the most frequent penalty, with differing degrees of creativity as to method, but in extreme cases punishment may continue beyond that point to unspeakable extremes. Minor offenses against the Empire, such as riot and breaches of the peace, are handled as private actions by the appropriate Enkenkur's prosecutors in the Enkenkur's court; penalties range from fines to various forms of corporal punishment. Arson, while prosecuted in the Enkenkurial courts, carries the penalty of death by burning alive, often with magical augmentation.
The Path of Supplication runs through parts of the city of Ashur to a crumbling millenia old ziggurat near the Palace of the God King. Upon completion of the ritual which generally takes several days - the supplicant ascends the steps of the ruined ziggurat and may present his or her case to the God-King or, more accurately, the Imperial Chancellor who sits in for the God-King except on certain holidays. In a departure from general practice, Ithomas actually hears such cases occasionally even on normal days. If the case is trivial (unlikely considering what the supplicant has to go through), the supplicant may be punished for his temerity. Otherwise, the God-King, or his representative, considers the case, and returns a formal decision within 12 days, the period prescribed by the Scrolls. Obviously, the God-King may ignore decisions of lower courts. This is the one court in which the aggrieved party not only may, but must, represent himself. Only in cases where the supplicant is physically unable to complete the required prostrations may another stand in for him, and then it must be the closest relative capable of attempting the journey.
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