Re: Where in Glorantha is this?

From: donald_at_Ail-5ioI_5ZiEdPCTcSM0ySADMXrmPJtejS7O8pHsF-BWBw48s9_mOuqu5C1NiMY2wN4W
Date: Sat, 18 Apr 2009 11:30:38 GMT

In message <gsbp7u+cu5k_at_eGroups.com> "Jeff Richard" writes:
>> > Precedence as it exists in modern law would be incomprehensible
>> > to Orlanthi and Ernaldans. No chief is bound to follow the ruling
>> > made in a previous case. He doesn't have to find a difference
>> > which makes the earlier ruling inapplicable he just disagrees
>> > and rules the other way.
>
>Why do you think that? If a previous and analogous ruling was viewed
>as just, then not following that ruling would likely be unjust.
>Especially if he has a Lhankor Mhy scribe saying that the scrolls say
>this is how good chief Avenlanth handled a nearly identical situation,
>"and we all know how that Avenlanth's decisions were blessed by Jarani
>as he held the Lawstaff."

Because there will be another lawspeaker arguing that the case is different or a mistake brought about by political pressure. Certainly a lot of cases will follow precedence but it is not binding in the way UK and US law is. For a start there isn't a hierarchy of courts in which if the tribe rules one way the clans are bound to follow it. And to the Orlanthi justice trumps law. In the UK and US, lower courts will sometimes accept that the ruling they are making is unjust but they can do nothing else because they are bound by preceedent. It is usually an indication that an appeal to a higher court will be successful but unjust rulings are made. I'm sure the Dara Happen system works like this.

-- 
Donald Oddy
http://www.grove.demon.co.uk/