Re: Esrolian Lawsuit

From: Julian Lord <jlord_at_free.fr>
Date: Mon, 17 Mar 2003 15:51:49 +0100


TERRA INCOGNITA :
> <<I think the primal role of ancient kings is judge even long
> before King Solomon throughout this World.>>

Of course, but I think that in Glorantha, law just has to be enshrined around the concept of the Hero, not just the king/sacred leader.

That is to say that the sacred leader must first be a Hero, and prove himself capable of bringing Justice (not just Law as such) to the People.

Of course, this would vary from philosophical system to philosophical system. The Carmanian or Malkioni concepts of Law would be very different.

Ob-Esrolia, I'd guess that Law would be conceived as a tapestry of many threads.

> As Nayuta said, if there are no
> disputes, it means that there is no need for trial [as Green Age].

Green Age Law was very different : it was basically the list of al those things that everybody did, rather than a list of what they couldn't do. Nor a set of proper attitudes towards rules-breaking.

Hence there is in Glorantha the ideal of perfect, legal forms of behaviour, even though the ideal has been irremediably shattered.

> 1. Decentralization Policy of Esrolia and seats of its Jurisdiction
>
> In RW, it was very current event in modern time that "nations" began
> to
> monopolize "soverignty" including jurisdiction, about this subject of
> discussion already the matter nearly seems to conclude that there is
> clannish decentralized system in Esrolia.

In Esrolia, power is probably derived more from the bloodlines than the clans.

The power is wielded by powerful women issued from those bloodlines, who ideally seek a consensus, but in practice seek to overbear each other. The 2000 US presidential "election" is probably a good model for an Esrolian legal system, just imagine all of the participants to be women (if that's not too weird an image). Actually, many people have characterised the US as a matriarchal country where unelected women hold the real power etc, so maybe that's not too far-fetched.

> At the head of my opinion here above, I wrote that judge = basic
> service of
> authority, in the other words, judging in trail means that exercising
> her right of power jurisdiction, an action to keep / confirm / insist
> her power. On contrary, if an authority tried but failed to use its
> jurisdiction, it means that it was robbed / lost power.

I don't think Esrolians would care about such issues of international law.

The important thing for them is their home, and making sure that they keep it and that everyone who lives there do what they're told and share it with like-minded sisters.

> And on the background of clannish society, if
> there is a decentralized / hierarchic national system in Esrolia, I
> suppose I can make a image that each of powers strive to enlarge their
> own jurisdiction to cover. (I think most common example for it is that
> conflict between secular law court and religious court of Medieval Age
> Europe.) If you permit me to say more, although one power terminally
> concluded an lawsuit, another party (try to acquire more power)
> accepts (de facto) appealing.

I think this model is too binary/Appollonian to be a good model for a matriarchal Earth Tribe structure.

> Before RW modern age, there is no law a priori and while there is a
> resolution of real dispute case by some method, a man of power began
> to use that for judgement=lawsuit, and the accumulation of cases of
> resolve for disputes has created "law". Even if there is a rule, that
> is mainly for procedure of lawsuits rather than resolution itself. (In
> law school, we are taught that "the foundation of procedure of law
> preceded that of substantial law".)

This is irrelevant to Esrolia, and to much of the rest of Glorantha.

The specific Gloranthan forms are those of ritual, not procedure. There is a fine distinction here in the RW sense of those words, but in Glorantha ritual always involves magic and the Other Side, where the true principles of Law reside, rather than in simple mundane consensus (although this also exists, of course !).

> <<Among Orlanthi , always lawsuit is done around politic and
> compromise based on both side profit and power balance,

No, judiciary combat and use of the Lawstaff ritual can result in legal decisions that have nothing whatever to do with compromise.

No, the purpose isn't to create a power balance, but an _imbalance_ where the legal proceedings can lead to further scenarios.

> In some kind of speculation of
> feminism, while men tend to the way of thinking, to clear the matter
> by the location of right, women tend to prefer compassion /
> cooperation / harmony.

I disagree entirely with this compassion / cooperation / harmony idea, certainly from the Esrolian POV.

These people have men-hating axe murderers & castrators as the core of their police force !!

In Glorantha, legal disputes are resolved in favour of those presenting the more powerful/convincing/defiant/hubristic or otherwise strong means of getting their way vs the party of the second party. Killing the party of the second party is a good way to terminate legal proceedings, as W might put it on one of his more garrulous days ...

> If I can apply it to a situation of resolution
> of disputes, maybe women prefer substitutional resolution of disputes
> like reconciliation / compromise (ADR?) to win / lose resolution.

I do however agree that Esrolians and Ernaldans in general prefer to look for a solution inclusive of everyone's positions, as so many threads in the Peace Rug.

Julian Lord

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