Re: Outlawry = death

From: Ian Borchardt <iborchar_at_ic9vFH3ik_BMVROc58be1_WcpBa8fhiX5ObrRUs7lKONlr6PeTE8-uH82p-nn73D8LE>
Date: Wed, 7 Jan 2009 05:20:42 +1030

Under historical systems of communal liability if an individual commits a crime against another clan then the second clan has a legal claim for recompense. It doesn't matter if the first clan has subsequently outlawed the individual, the first clan should have prevented original crime from occurring in the first place, and thus remains culpable for any damages.

Incidentally, actions against individuals in a clan are not legal matters as we use the term, as a clan can't execute a legal judgement against itself, and a clan can't prosecute an individual of another clan.

Actions against an individual (such as fines or outlawry) are decisions made by the clan chieftain (usually with the advice of the clan ring). If this decision is done in accordance with tradition and Orlanth's Laws then they are just and there should be little grumbling, otherwise it is unjust and the result will be some internal strife in the clan. Of course, given the nature of Orlanthi politics, even a just decision can cause problems for the clan chieftain.

Actions between clans are what we modern people would normally consider to be legal actions, in that there is usually compensation payable by the loser of the case to the winner. If there is a higher authority (tribal chief, king, or even the collected members of the althing), and they have the strength to enforce the decision, then it is much like the case stated above . However if this is not the case, then the question becomes one of "how much is it worth you for us not to go to war?" Again custom, tradition and Orlanth's Laws are guides for what makes just compensation between the clans. Considering that the entire purpose of such judgements is to avoid conflict, most chieftains will pay a just settlement, however there is nothing to stop a stronger clan from demanding a greater compensation or demanding to pay a lesser compensation. And probably getting it.

The distinction is subtle but important. If you like, consider Andrin to deal with matters internal to a clan (such as being able to specify the just fine payable for any offence), and Jarani to deal with matters between clans (usually, but not always, as part of a tribe or kingdom).

Ian

-- 
Ian Borchardt    (iborchar_at_CpmJHnSCjQgi-YdyrWz3uuHvcYIv3NekWYVqbN4Urczhbjuv3T67u_uVruRYTLsl7RPO20eIbvgUVInN.yahoo.invalid)
Philosoph, Fool, and Magician
"That is not dead which can eternal lie,
  And with strange Ians, even death may die."