Re: Justice in Heortling society

From: Ian Cooper <ian_hammond_cooper_at_yahoo.co.uk>
Date: Wed, 9 Mar 2005 13:40:19 +0000 (GMT)


Report on the Orlanthi in King of Sartar is still one of the best sources on this but some salient points.

A worshipper of Andrin is probably a juror, who deals with clan law. The lawspeaker (who undoubtedly counts as a juror) may be a worshipper of Andrin, but also might be a worshipper of Jarani (who deals with conflicts outside the clan).

A juror can pronounce on a matter. The wronged party in a case goes before a juror and asks the juror to consider the case: 'Hervald insulted me saying that I could not plough a straight furrow.' You could be rejected out of hand at this point, in which case give up. If not the juror swears the Legal Oath and then probably does some investigation taking oaths from all the witnesses, meditates upon the body of oral law and offers his judgement. Note that guilt is not the issue here, but maintaining social order. If you publically inslut someone for example, the truth of the insult is not a defence. 'Hervald should pay 2 cows in compensation for public insult.' Where defendant and plaintiff are within the same clan that is usually the end of the matter. But sometimes within a clan, and often outside a clan, the defendant will not accept the judgement. So the juror goes to see a juror with power over the defendant.

The defendant puts his side of the case to his juror. 'Bolthor insulted my ploughshare first. I will not compensate him, he insulted me.' That might be the end of it if his juror tells him the otehre side is right. If his juror agrees to dispute it in court, both sides swear in extra jurors and go to a court which has jurisdiction over both of them. A judge (clan chief, tribal king etc) presides over the court. he questions the plaintiff and defendant, might get truth magics cast etc and tries to find justice. KoS is silent on whether the plaintiff and defendant must speak themselves or the chief etc can speak for them, but I expect that the use of truth magic indicates they speak for themselves. A lawspeaker advises the judge on the law, but the judge makes the ruling.

There are other options there like invoking the right to trial by combat too.

Ian Cooper
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