Legal stuff

From: Joerg Baumgartner <joe_at_toppoint.de>
Date: Fri, 13 Dec 96 21:38 MET


Dave Cake:
>> I imagine for the Dara Happans, precedent is enormously important.

As I understand them, there is nothing which is legal and unprecedented, or at least unanticipated. In their celestial wisdom the emperors have decreed any acceptable behaviour, and any punishment for deviations thereof.

Pam Carlson
>Perhaps - we play this it certainly is for the Orlanthi. (Which is why
>they need lawspeakers to remember all the precedents.)
>I'm not sure the DH's rely as much on precedent. I think they take
>social standing and written law more heavily into account.

While I agree that the lawspeakers drawing forth precedents will make a good show at any Orlanthi folkmoot, the outcome of a legal struggle will be weighed by the witness power the parties can bring forth (easily measured by the amount of weregeld the witnesses are worth).

BTW: can any defendant bring forth as many witnesses as he can get, or is there an upper limit of witnesses people can bring, so htat the support of weregeld-heavy witnesses becomes essential? And will there be independent witnesses (aka judges) to put their "votes" with one of the sides?

> I'm not sure "right of appeal" has a DH translation. (Did ANYBODY
>mythic ever make an appeal past Yelm?)

Rebellus Terminus did, although not legally, if you ask the Dara Happans. He did get the support of the Celestial Court for a time, or at least avoided their displeasure, but then this body wasn't respected that much by the Dara Happans.

Gerra survived as the result of an appeal to/past Yelm-Anaxial, though the appeal was made post-factum.

Otherwise, people appeal for judgements, not against them, like in the inheritance case with the gazzam in Murharzarm's crown tests.

>I think the Dara Happan/solar sytem would not have such a strong judge
>penalty. By definition, a judge, who walks the path of Yelm, Keeper and
>Source of all Justice, CANNOT make an error.
>(Comments?)

This works the other way around: if the judge makes a blatant error, he obviously cannot have been Just, i.e. must have strayed from the path of Yelm. Happened to Wanthanelm, surnamed the Cursed. After his unjust rule was exposed, it was "discovered" that he had cheated in the Ten Tests.


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