Faalorian Law
"A dishonorable man should be treated as a rabid
dog." --Book of Common Law, 1:33.
"A wise man makes it his duty to seek self reflection;
for only a man who leads an examined life will know right from
wrong, law from wickedness." --Haeldri Pandect, Saying
65.
"Each man should be afforded the same courtesy,
kindness, goodwill and hospitality to everyone he meets, the
same which you would wish to receive to yourself." --Padral's
Code, Vol. 1, §2.
Faalorian law is derived from three main sources, The
Common Book of Law, an ever-growing book consisting of
precedent laws and customs passed down from the Tuessian
peoples, The Haeldri Pandect, a collection of laws of
Simsulanian origin and, the most authoritative, Padral's Code,
a multi-volume work of ethics, law and customs written in 139
by King Padral, the Enlightened.
In theory, the Church is the final arbiter of the law. In
practice though, a clear division between the "laws of
the spirit" and the "laws of the flash" is
maintained.
Church Law
The Church only becomes involved in matters of a spiritual
nature, mattes which directly effect it's standing as teacher
and moral steward of the people. Above all it tries cases
involving the unsanctioned use of magic (witchcraft), heresy
(the spreading of untrue doctrines usually in exalting the
lesser gods above Adrahil), or apostasy (the worship and
veneration of Maelwar). Church law leans heavily on the
Haeldri Pandect and, to a lesser degree, the Code of Padral
and, to a lesser extent, on saintly writings.
The Church legal system is based on a hierarchy of
authorities. Lone Inquisitors are stationed throughout the
island, they are the judges over any case of witchcraft,
heresy or Maelwar worship. They have several other duties,
including keeping church ceremonial records, marriage, birth,
etc., but their main purpose is to settle disputes outside of
the business and political realms.
Each Inquisitor is overseen by a Justicar who resides in
the main towns and cities. If a case is to be appealed or is
of major significance (trying an Illrigger for example), then
a Justicar will become involved. Above the Justicar is the
Bishop, but he rarely becomes involved in legalistic matters.
The Church does not have the power to punish those they
find guilty. Rather, a recommendation of sentencing (which
usually is harsh where the Church is involved) to the civil
magistrates who, with almost no variation, executes the
sentence after a "impartial" trial is
convened--usually this means simply going over the original
documents and approving sentencing.
Civil Law
Civil law was introduced by Simsulanian scholars 150 odd
years ago. (In the older tradition, priests alone were allowed
to hear disputes.) Each township appoints a judge in
accordance with it's Writ of Corporation. Written into the
Writ may be specific guidelines as to which codes, books or
other sources of authority will apply to that jurisdiction. In
general though, most judges do not stray from the legal
cannon.
A judge in turn is commissioned by the corporation to hire
and maintain a suitable constabulary. The Constable is charged
with the daily operation of guard shifts, holding prisoners
until trial, and sometimes organizing the militia in times of
crisis. It is through him that cases are brought to the Judge.
Either a person is caught in the act of a crime by the
constabulary or a dispute between citizens is formally
submitted before the Constable (who often decides if the case
is worthy of judgement). Usually a career soldier, or up and
coming legal scholar or politician, a Constable is an
important person in any community.
The job of the judge is to hear cases brought before him by
the Constable. A man (usually a man that is) well versed in
all aspects of the law, the main texts and recent rulings from
his colleagues, a Judge over-sees an area anywhere from the
size of a small village, to a large district, from a single
town to large city. Generally speaking a Judge's decision is
final, though, on appeal from the Church, a case may be
brought before the Magistrate of Duath, Faalor or Kyrdanna,
or, on final appeal, the Lord Arbiter, the King's personal
jurist and final word on any legal issue.
A Magistrate is the chief jurist for the three major
settlements of Faalor. He almost never makes ruling on lower
cases, but will take cases of special interest or cases which
might effect larger issues of law. His main job is to write
opinions which usually end up appended to the Haeldri Pandect
and/or The Common Book of Law.
Miscellaneous laws and customs In most towns, a curfew of
10 o'clock at night (sometimes 11) is usually enforced.
Punishment is generally mild (a small fine, up to a couple
days in prison).
Two witnesses are almost always the basis for any dispute
resolution. Two witnesses are required for any formal
contract. A female witness counts as half a witness--though
this tradition seems to be diminishing.
A handshake is consummation of a solemn vow; one does not
shake hands lightly.
Corporation
The basis for Faalorian society and law is the corporation.
These groups can officially only be of three types:
governmental, religious or business. They can be written for
groups as large as a town (Duath or Bridalveil), to medium
sized groups like the outland farmers around Duath or the
Merchant's guild of Duath, to small groups of adventurers or
craftsmen. As there are no natural rights, all rights and
privileges are derived from membership in a corporation. Even
the ownership of property is determined by group membership.
For example, a member of the local mason's guild, and only a
member, may buy, sell, possess or use masonry equipment,
products or services unless subcontracted by the guild.
Conversely, when a Writ of Corporation (usually a very lengthy
document) is given to a new freehold (or existing township),
the holders of that writ control all aspects of life under
which the town will operate. Officially, only the King is
allowed to give these writs but in all the major settlements
of Faalor an Office of Corporations exists to dispense these
contracts in the King's name.
Property Rights
"Property is a natural right. All men are entitled to
what they own and have control over it. A wealthy man may own
much, servants, livestock, houses, jewels. If a man can show
good cause, whether in witnesses or in writing that he does
indeed own a thing, let no man take it or be forced to endure
an equal subtraction of property." --Padral's Code, Vol.
2, §3.
"To own a thing is to have another give it for a
specific use." --Haeldri Pandect, Saying 34.
Ownership is a tricky thing in Faalorian law. First it is
generally thought that things are not owned per se, but that
people make use of a thing for a time and that the thing in
question is owned by those in power, and eventually by the
gods themselves. The general thinking is that a person who
makes something or finds something (with no other clear-cut
owner) owns that object until such a time as it is sold or
given to another. For some more conservative members of
society anything a servant (and the vast majority of people
are servants in one way or other) creates, produces (including
sometimes even children) or possesses belongs to the master.
In most cases, even the land does not belong to the farmer who
works it but to manor lord or merchant's guild who holds the
corporate writ.
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