Loskalmi Justice (very long)

From: Frank Rafaelsen <rafael_at_nvg.ntnu.no>
Date: Mon, 29 Sep 1997 12:42:01 +0200 (MET DST)

        In the case someone might be interested in how i play Loskalmi Justice and the justifications they have for it.         

        The Loskalmi system is radically different from what's the norm in the west. They don't indulge in gross torture ceremonies of pain and mutilation one finds in other parts of the west. The reasons for this are many; On the most basic level it is because the power to judge and punish is not bound to the King's person. I see Loskalm as buildt around a notion of a social contract rather than the traditional feudal system. As a result crimes are not seen as a personal attack on the King's person, and punishment is not seen as his right to revenge. Crimes are rather a breach of the social contract. Punishment is therefor the People's (Folk's :)) right to self defence. As the power to punish is based on the society as a whole it is practically unlimited. But a major goal with the Loskalmi judicial system is to restore criminals as autonomious members of society, so this power is measured out with care. A key term is "enough punishment." But enough compared to what? Enough to create at bond between a given crime and it's punishment in the minds of the people. The object of the punishment is not the criminal, but the onlookers.The Lord Temporals of Loskalm claim the normal western approach to punishment is self-defeating. According to them the old system's orgy of violence only results in alienating the people. They say the countless incidents of rebellions surounding the punishment ceremonies show that this could easily be what transforms the embers of the people's anger into the flames of rebellion.

        This philosophy of punishment can be summed up as follows:

1) The punishment has to be swift and precise
2) The punishment has to be visible.
3) The punishment has to be different for each individual
	This has several practical consequences:  As the goal of the
punishment is to create links between certain crimes and certain punisments in the imaginations of people it has to be swift and predictable. The expect that the perpetrator is caught and tried according to precise laws. So, they have done away with all the different justices one can find in other western countries: In Loskalm there are no church crimes, military crimes or caste crimes, just crimes! All are tried in the same system, and according to the same laws. This is all to create a more predictable system and thus according to their goal a efficient system. Everybody is tried in the courts of the Lord Temporals; commoners and Lords, belivers and heretics.

        No prisons. Although prisons are not seen as punishment in the west (only containment) it is not used in Loskalm either. The Loskalmi scorn its use even more. In their system it would be foolish to seperate criminals from the public. They aim to do the opposite: To create firm links in the imagination, the people have to witness the acts of justice (This also strenghten peoples' sense of taking part in reforming the vicked. It is truly the People's justice). As a result criminals can be seen working and serving everywhere in Loskalmi society. They often wear special clothes according to the nature of their crime, and do tasks that are symbolic to the nature of the crime they committed. In this way people are constantly reminded of what crimes leads to what punishments. Another reason the Lord Temporals scorn prisons is the fact that locking up a person not only punishes him, but his entire family. This not only contrary to their morals, but it also confuses the issue of the crime -> punishment link.

        Individual punishment: as the goal is to reform criminals it is seen as self-defeating to meet out a fixed punishment. The punishment must be adjusted according to the individual's behaviour and progress. As he improves he get more and more liberty until he is finally reintroduced into the society as an autonomious individual.

        Captial punishment: Some crimes lead to capital punishment in Loskalm as in other areas. But the difference is that there is a single way to dispose of the person. No honorable beheading of nobles and shameful hanging of commoners. In line with their philosophy it's the same for each and everyone; beheading. Another difference is that the ceremony does not have an aura of triumph and victory found other places, its rather a solemn ceremony, mourning the loss of a fellow countryman. A quick death without torture.

        Ok, this was longer than intended. This system is by no means dreamed up by me. It was in fact proposed by justice reformists in the late 1700s, early 1800s. If you are interested you should read Michell Focault's book Surveilance and Punishment  

        Comments or flames?

Frank Rafaelsen


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