Law & Order: Ephia's Well Legal System

[1dboy]

Law & Order: Ephia's Legal System

To begin, I must emphasize that this book is based around the law currently dispensed by Ephia's Well. Legal practices may change with different Legates, new laws, opinions of public, et cetra.

What Is Law?

The societal systems put in place by the governing body of a village, city, country, or other organized entity to assure order and stability wtihin the confines of its borders. In context of this book, when I talk of law, I speak solely of the Ephia's Well Penal Code, and not of the surrounding cities.

The Government of Ephia's Well

Naturally, there are a few governing bodies of Ephia's Well. To date, there is the Sublime Garden of Scribes, which consists the Legates and their magistrates. This entity is the body that defines the laws in which society operates in. The Fourth Legion are the guards of the city. They enforce the penal code and ensure the laws that are made by the Sublime Garden are complied with from day to day. The Astronomers handle the abnormal, and may some times operate with the Janissaries in determining abstract or obtuse cases, such as brooking, or necromancy. The Astronomers hold no authority in pursuing brookers on their own; they must currently work in conjunction with the Fourth in pursuing legal consequences against brookers.

Crime in Ephia's Well

Crime begins when a law is broken. These can be misdemeanors, such as brandishing a weapon, refusing a request from a Janissary, a serious offense, such as drawing blood intentionally from an unwilling party, or a capital offense, to which the most common of which is murder, the taking of another life from an innocent victim. See Codex: Ehpia's Well Penal System for further definitions of an illegal activity.

Advocates and Persecution

Once a criminal has been detained, in the event of a capital offense, they may be brought forward for a trial and plea their case before a legate, or in some cases, a magistrate. There is a debate currently around the idea of serious crimes needing a trial; I, for one, do not see this as a reasonable justification for a trial. Once a criminal is before the magistrate or legate in the Halls of Jurispendence, they may choose an advocate or represent themselves. The Fourth will almost always have the prosecuting soldier argue the case, providing testimonies from witnesses, evidence, and more. In some cases there has been a prosecutor assigned the role, typically a scribe, to argue the case in lieu of the Fourth. What is unsure, or unknown, is if only the Fourth can prosecute trials. Could a Legate prosecute a trial? Why would he need to? He could simply determine guilt and avoid a trial. A magistrate, perhaps? What in the case of say, a more civil law suit? Would a Voiced citizen be able to press charges and act as prosecutor? There is certainly a lot of technicalities and open ended definitions of the implementation of law.

Specifically, I wish to indicate that the best defining factors of legal procedures simply boil down to two major components. A willing legal authority, such as a magistrate or legate, allowing for other parties to act in the Fourth's stead, and the acceptance of the Fourth on duty, in absence of a sergeant, allowing another person, be it scribe or Voiced citizen, to act in their stead as prosecution.

The Determination of Law

A law can be made at any given time by a standing legate. They can impose it upon the Stele of Law, and it is dictated throughout the Well for all of its people to hear. Notably, there is no indication whatsoever that an assembly must be held for a law to come to pass. The Voiced may simply 'voice' their concerns, or proposals, and the Legate may take it in to consideration and decide whether or not to pass a law. Whether or not the practice is a good idea or not is simply left to the public to voice their concerns. Also of note, a Legate can excercise the right to immediately exile anyone they have displeasure with, regardless of legal contexture. See Ex-Legate Sol Auk exiling Apothar Azimi and Apothar Mevura, along with a few other voiced individuals.

While scorned at the time, Sol Auk accurately judged that he may incur exile on those that he disagrees with, a powerful tool in the right hands to impose control over Ephia's Well and its citizens. There are also these notably exiled people, such as Itaja the Wyrm worshipper, and Leander Nifkil, an assassin for hire. These exiles were imposed without trial and at a legate's discretion, though they had a lengthy criminal background, or noted criminal activities but yet had been caught. To date, there have been no other exiles that have been exiled without cause, similar to the aforementioned Apothars being exiled.

Also of note, the Legates do not necessarily have to agree with one another to pass a law. One legate may simply invoke upon the Stele and write the new law. Taxes may also be adjusted as a legate pleases, such as higher sales tax and property tax. However, it is extremely apparent that to operate on one's own terms as Legate is to enter a quick detrimental relationship to both the Well and its subjects. The two legates would surely devolve into a 'do as I wish' contest, and the government would shut down, simply due to the fact that the legates would contest one another endlessly.

It is also safe to surmise in this hypothetical situation, the Chief Secretary would intervene, or even more drastically, the Princesses may even get involved. It is unsure what power the Chief Secretary has inscribed into her chair, but one may safely assume that either the Chief, or the Princesses, would intervene and either revoke a Legate's status, or potentially see them executed for treason due to incompetence.

Conclusion

It is paramount for citizens to understand the legal powers a Legate has. While it is often best to vote for who is popular, it may also lead to a rapid state of decay as the power granted to a Legate can lead to absolute destruction. The ability to determine immediate guilt, changes laws, exile citizens wantonly, alter taxes at a whim, and more is all within the power of a Legate. When voting, a citizen should be responsible on who will take the reigns and lead them. Challenge your candidates with complex situations, provide them a difficult task to tackle, and ensure that any promises made during their run are taken to paper and provided to a scribe. Accountability is the largest factor that a legate must face, and it is a citizen's duty to their city and people to hold them to that accountability.    

Penned by Johan Marsoss,
Student of the Sandstone College

[1dboy]

The Intent of Law

This is a question I am mulling over as I read six various laws that operate on behalf of several numerous parties. Who wanted these laws? Who gained from them? Who lost from them? And why were they ever implemented? This in turn devolves it into a simple question. 'What was the intent of this law?'

Naturally, the intent of law boils down from pressures from the citizens of a city. Political powers demanding every inch of power they can accumulate, using 'common sense' and 'logic' to dictate that it is only rational to provide these privileges to this party or another. However, what most people fail to realize is how law and order works around Ephia's Well.

In the first paper, the only governing bodies that can proactively partake in the enforcement of laws are the Fourth, and the Legates. Any other party reaching out for legal authority over matters are often refused, or when granted, still have no effective means to capitulate on the necessary action to provide punitive means to handle these breach of legalities.

For example, Sacrilege dictates that, when an instrument of a holy temple is desecrated, that a law has been broken. The only active governing body that can investigate, arrest, and prosecute a member of society is the Fourth. However, most altars, idols, relics, et cetra, are in the possession or provision of priests and priestesses. While 'Interference with Jurisprudence' actively prevents someone from lying, there is no means to determine if someone is lying or not - a point I highlighted in why this law is ridiculous - and active investigation into destroyed property often results in a failed investigation, simply because there is barely any evidence or witnesses in the event of such occurrences.

So the intent of this law is to detract from people breaking holy relics, but - the only destruction of said holy site was theorized to have been done by one elf, yet no charge of vandalism ever came upon him. This law was a response to the activity, but... A capital charge for a law with open ended definitions leaves plenty for imagination, and it is actively a tool to decimate a populace if used in the right hands. The intent of this law has missed the mark on what it was trying to accomplish, and only satisfies the Legion in particular cases. Therefore it should be removed.

So what qualifies as a good law? A law should suit the whims of a society, but the whims of a society is often fickle, prone to fits of irrationality, and ebbs and flows with spur of the moment, rash decisions. A law should not be instilled behind closed doors, as the 'Unauthorized Descent' law was done. A law should meet these criteria.

- The understanding that the Fourth will be taking on the burden of enforcing the law; imposing unrealistic or unattainable criteria of the law should always be in consideration.
- That the law is discussed in a public forum, so that the citizens of the city may understand the merits of the law, as well as the objective of the law.
- That the law is challenged by scribes and notable scholars of the Well before being placed into practice, with the aforementioned parties attempting to find the value in the law for upholding a growing society. The party attempting to install the law in Assembly should have the signatures of three (3) reputed scholars before they bring the law before Assembly.

As we have witnessed in the past year, the laws we have imposed on ourselves have devalued in meaning, or have been tethered to some third party that is pulling at the strings of the legates during their election season. If a legate cannot follow the criteria provided, they should be dismissed and their prelate take their place.

For your consideration, I implore that our laws have their intent boldly declared, to be highly investigated and to be questioned, before they are ever brought to Assembly.

Penned by Johan Marsoss,
Student of the Sandstone College