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== Overview ==
{{CaptionedImage|file=Empire E4 2015 - 5191 - Copy.jpg|title=Magistrate Reinholz|caption=A magistrate of the Empire at work|align=left|width=250}}
==Overview==
Imperial Law is the body of law which has been created by the [[Imperial Senate]] and which extends the principles laid down in the [[Imperial Constitution]]. The law is prosecuted by magistrates, members of the [[Imperial Civil Service]] who are trained in Imperial jurisprudence. Magistrates act as judges during trials, determining guilt and sentencing and are able to deputise individuals to help them enforce the laws. The Throne and members of the [[Imperial Synod]] may appeal for clemency on behalf of the accused to obtain a reduced sentence.


Imperial Law is defined by the principles outlined in its constitutional documents.
==Magistrates and trials==
The implementation of the Law is overseen by the magistrates. They instigate an investigation into any potential crimes they are aware of; any character who believes a crime has been committed may bring the matter to the attention of a magistrate. The magistrates have far-reaching legal powers to allow them to go anywhere in the Empire and demand an audience with any citizen, similar to those possessed by the Synod. The magistrates may also deputise citizens to act on their behalf, either to gather evidence or to arrest a suspect.


== The Imperial Constitution ==
Trials are [http://en.wikipedia.org/wiki/Inquisitorial_system inquisitorial] rather than [http://en.wikipedia.org/wiki/Adversarial_system adversarial]. There are no juries and no barristers. Trials are conducted by the magistrate who weighs the evidence and determines guilt and the accused is expected to speak in their own defence. The magistrate has the authority to silence anyone from speaking in their court and will use this power to ensure that trials remain short and dramatic.


The Imperial Constitution sets out the following:
Modern legal frameworks do not apply. There is no right to silence; if the accused refuses to answer a question, the magistrate may make an adverse inference about their guilt. Hearsay and circumstantial evidence are admissible. If a person has been murdered late at night, reports that the accused is known to dislike the accused may be weighted as evidence.
* the principles underlying the relationship between the Nations and the Empire and the role of the Imperial Civil Service;
* the organs of the state and their appointed representatives; and
* the principles underlying the relationship between the citizen and the state (the “Bill of Responsibilities”).


The nations which comprise the Empire are governed by Imperial Law which applies equally everywhere in the Empire. While each nation has its own traditions and customs they are superseded in circumstances where they conflict with Imperial Law. Imperial law itself is based on principles rather than legalistic precedents of previous cases. Those accused of crimes or engaged in civil claims would normally be expected to speak for themselves. Accordingly, there is no strong tradition of lawyers within the Empire.  
If the magistrate finds the accused guilty then they will proceed to sentencing. If the accused has pleaded guilty, a member of the [[Imperial Synod]] may submit a plea for clemency on their behalf. The plea must be based on Virtuous grounds; that is they must establish that the accused was acting virtuously, albeit illegally, when they committed their actions.


Magistrates are accorded wide-ranging discretionary powers under the constitution. There is no right to appeal against the lawful judgement of a magistrate, except to the mercy of the Empress. Amongst her other constitutional powers the Empress may submit bills (draft legislation) to the Senate for their approval. Senators may also submit bills for approval in the Senate but these are subject to veto by the Empress. The Synod also has a limited power of veto over the Senate (and in effect, Senators) in their role as guardians of virtue. Any law, bill or motion in the Senate which contravenes the principles of the constitution shall be struck out.
Magistrates have considerable power but are known to be bound by powerful magical oaths to uphold the spirit of the Law. As such they are considered to be above reproach. Their decisions may be incorrect - they are not infallible - but they are known to be absolutely impartial and honest.


There is a lengthy and difficult legal process by which the constitution may be changed. All constitutional changes made by the Senate must be ratified by both the Empress and the Synod. The body of criminal law provides the state with sanctions against citizens who have breached their social obligations to the state. In turn the body of civil law governs legal remedies available to individuals against other individuals (for example, as a result of a contractual dispute).
==Purpose==
The point of the Law is to attempt to create a game in which there is a strong effective legal sanction against theft and murder. The goal is to create a convincing, compelling and original setting and also to encourage the majority of player-vs-player activity in the game to remain political rather than murderous. By making murder difficult to get away with, we hope to ensure that it is the least attractive option open to a player in dealing with their political enemies, rather than the most attractive option. The goal of Empire is to focus on a high degree of political interaction between players but have the balance of combat take place between players and monsters.


[[The Synod]] have some other legal powers in relation to the law: sanctuary, clemency, witness, and inquisition. There are also some religious crimes: blasphemy, idolatry and heresy.
All magistrates will be NPCs, so that they work solely towards the goal of making the Law be trustworthy and effective. Any player character in this role would be minded to have other in-character considerations, other than to promote the game. The magistrates are also briefed to ensure that trials remain short and sweet, rather than running on interminably which is common in situations where they are not rigorously controlled.


== The Law and the Citizen ==
Because the magistrates primary role is to make the law effective, they will ''never'' be used to run plot around corruption or other themes. They can be swayed by clever or charismatic testimony but they cannot be bribed, blackmailed or browbeaten.


Everyone who might be within the Empire will fall into one of the following broad categories in relation to the law:
==Not About Conduct==
* Citizens of the Empire must fulfil their obligations to the State and in return they receive associated rights. Broadly these concepts are based on personal responsibility and service to the Empire.
Imperial law is purely in-character - it is part of the setting and breaking the law naturally leads to in-character consequences, such as pursuit by the militia and a potential trial. The legal system is designed to make some activities - like murder - dangerous - to try to build the sense of a functioning society, but that doesn't mean that those activities fall outside the out-of-character purview of the game.
* The child of an Imperial citizen has the full protection of the law. Until a child becomes a citizen their parents or guardians are responsible in law for any criminal or civil offences that they commit.
* Barbarians are defined as anyone with whom the Empire is at war. They have no recourse to Imperial Law but they may be the subject of it.
* Foreigners are defined as anyone from a country which is not at war with the Empire. Foreigners are subject to the law and accorded basic protection by it but do not otherwise enjoy the benefits of citizenship.  


Under the constitution there is no “right to silence” for those accused of crimes. When questioned by a magistrate or deputised member of the militia in furtherance of their duties an accused must answer. If they do not a magistrate may draw an adverse inference. There are also no prisons in the Empire. Those accused of crimes are usually placed on bond while awaiting trial, with bounty hunters ready to recapture them for the reward if they abscond. A citizen cannot be punished for that which they have said they will do but has not yet done. Accordingly there are no laws which prohibit blackmail, threats of violence and so on. However, anything a citizen says may be used in evidence against them. So for example, if a citizen threatens to kill someone and that person is then murdered, their death threats are admissible in evidence.  
However Empire also has a set of out-of-character rules for [[conduct]] that describe how players are expected to behave at events. These rules are categorically not part of Imperial law, because they are out-of-character - for example in-character bigotry (such as hating Highborn or despising the Dawnish) is perfectly acceptable in Empire, is encouraged in the game and is not illegal. Out-of-character discrimination against members of real-world minority groups is not permitted - players who witness a breach of the out-of-character game rules should refer the matter to Profound Decisions, the incident will be dealt with out-of-character means, not via the militia and the magistrates.
 
{{Crime Links}}


[[Category:The Law]]
[[Category:The Law]]
[[Category:The Empire]]
[[Category:The Empire]]

Latest revision as of 12:04, 13 April 2024

Magistrate Reinholz
A magistrate of the Empire at work

Overview

Imperial Law is the body of law which has been created by the Imperial Senate and which extends the principles laid down in the Imperial Constitution. The law is prosecuted by magistrates, members of the Imperial Civil Service who are trained in Imperial jurisprudence. Magistrates act as judges during trials, determining guilt and sentencing and are able to deputise individuals to help them enforce the laws. The Throne and members of the Imperial Synod may appeal for clemency on behalf of the accused to obtain a reduced sentence.

Magistrates and trials

The implementation of the Law is overseen by the magistrates. They instigate an investigation into any potential crimes they are aware of; any character who believes a crime has been committed may bring the matter to the attention of a magistrate. The magistrates have far-reaching legal powers to allow them to go anywhere in the Empire and demand an audience with any citizen, similar to those possessed by the Synod. The magistrates may also deputise citizens to act on their behalf, either to gather evidence or to arrest a suspect.

Trials are inquisitorial rather than adversarial. There are no juries and no barristers. Trials are conducted by the magistrate who weighs the evidence and determines guilt and the accused is expected to speak in their own defence. The magistrate has the authority to silence anyone from speaking in their court and will use this power to ensure that trials remain short and dramatic.

Modern legal frameworks do not apply. There is no right to silence; if the accused refuses to answer a question, the magistrate may make an adverse inference about their guilt. Hearsay and circumstantial evidence are admissible. If a person has been murdered late at night, reports that the accused is known to dislike the accused may be weighted as evidence.

If the magistrate finds the accused guilty then they will proceed to sentencing. If the accused has pleaded guilty, a member of the Imperial Synod may submit a plea for clemency on their behalf. The plea must be based on Virtuous grounds; that is they must establish that the accused was acting virtuously, albeit illegally, when they committed their actions.

Magistrates have considerable power but are known to be bound by powerful magical oaths to uphold the spirit of the Law. As such they are considered to be above reproach. Their decisions may be incorrect - they are not infallible - but they are known to be absolutely impartial and honest.

Purpose

The point of the Law is to attempt to create a game in which there is a strong effective legal sanction against theft and murder. The goal is to create a convincing, compelling and original setting and also to encourage the majority of player-vs-player activity in the game to remain political rather than murderous. By making murder difficult to get away with, we hope to ensure that it is the least attractive option open to a player in dealing with their political enemies, rather than the most attractive option. The goal of Empire is to focus on a high degree of political interaction between players but have the balance of combat take place between players and monsters.

All magistrates will be NPCs, so that they work solely towards the goal of making the Law be trustworthy and effective. Any player character in this role would be minded to have other in-character considerations, other than to promote the game. The magistrates are also briefed to ensure that trials remain short and sweet, rather than running on interminably which is common in situations where they are not rigorously controlled.

Because the magistrates primary role is to make the law effective, they will never be used to run plot around corruption or other themes. They can be swayed by clever or charismatic testimony but they cannot be bribed, blackmailed or browbeaten.

Not About Conduct

Imperial law is purely in-character - it is part of the setting and breaking the law naturally leads to in-character consequences, such as pursuit by the militia and a potential trial. The legal system is designed to make some activities - like murder - dangerous - to try to build the sense of a functioning society, but that doesn't mean that those activities fall outside the out-of-character purview of the game.

However Empire also has a set of out-of-character rules for conduct that describe how players are expected to behave at events. These rules are categorically not part of Imperial law, because they are out-of-character - for example in-character bigotry (such as hating Highborn or despising the Dawnish) is perfectly acceptable in Empire, is encouraged in the game and is not illegal. Out-of-character discrimination against members of real-world minority groups is not permitted - players who witness a breach of the out-of-character game rules should refer the matter to Profound Decisions, the incident will be dealt with out-of-character means, not via the militia and the magistrates.

Further Reading

Core Brief


Additional Information