Advanced Law

Fletcher smiles as he peers around at everyone. "Well! Quite a few people...
advanced law!"
Caramak glances up at Fletcher..."What, did I stumble my way into a lesson...?
Oh, goody..." He sits up and rubs his hands gleefully at the prospect of
whupping some Apps ;)
Fletcher chuckles to Caramak and bows respectfully to Lady Efette. "Ah! Glad
you could join us, Lady!"
Caramak stops rubbing gleefully long enough to wave hello to Efette.
Efette laughs. She smiles at Caramak, waving as she walks over to the group
Jayla smiles and nods to Efette then looks askance at Caramak remembering the
last time he thought he was going to teach her something she didn't know.
Fletcher waves everyone into a seat as he sinks into his plush comfychair by
the fireplace. "Have a seat, all. We might be here a while."
Caramak can't read Jayla's mind, but if he could he would stick his fingers in
his ears, waggle them, and give a big raspberry, dignity be sharded ;)
Keersa leans back against the end of the couch. She grins over to Efette in
greeting.
Efette grins at Keersa, waving as she takes a seat
Jayla sits back and innocently looks at the ceiling, a slight smile on her lips.
Caramak remains, fortunately, completely oblivious to Jayla's thoughts, and
waits for Fletcher's opening...His brain needs a good run through the ringer.
Fletcher folds his hands neatly in his lap and seems to think for a moment.
"Now, I'll assume you've all had the basics of law. These are, of course,
essential for understanding the more advanced concepts of our system of law.
The Pernese legal system, as you all know, is far from formal. It consists
rather of the ideals of each of the Lords, Craftmasters, and Weyrleaders
combined with what the Ancients set forth in our culture. Most of our 'law'
is merely enforced social norms. If, for example, killing was socially
acceptable on Pern, it would probably be legal. But it's not so it isn't. In
fact, I can think of no written documentation on Pernese law in general except
for my own treatise on the subject. So, law is subjective rather than
objective."
Efette's brain, UN fortunately, stopped working a few hours ago. She simply
sits and stares with a blank look on her face.
Caramak considers this statement, and doesn't call it into question.
Jayla nods. "So, in some cases, the law can actually change with a change of
leadership."
Fletcher sits forward a bit in his chair and glances once in each of the
student's eyes. "The problems arise, therefore, when areas with different
social values clash. Or, more importantly, when areas with leaders who have
different perceptions about law come into conflict. The hardest parts of
dealing with Pernese law is the crossover between Hold, Hall, and Weyr. The
reason for this is, of course, that every area is sovereign and the leader ha
absolute jurisdiction in that area. So what happens when someone not normally
in the leader's area enters it? They're subject to that leader's
jurisdiction, of course. Yes, very true, Jayla. Lord Trew, for example,
based his law larger on justice whereas I based my law on honour."
Caramak frowns. "Can you clarify what you mean, by that distinction between
yourself and Trew?"
Keersa slips into a daydream.
Keersa has disconnected.
Fletcher nods to Caramak. "Certainly. Lord Trew was very largely concerned
with an eye for an eye sort of law. He believed that if you harmed someone,
you yourself should be harmed the same way. My belief was more that if you
harmed someone in an honourable way, you shouldn't be punished. So if a duel
was fought and you killed the other person, it wasn't murder. It was an
honourable duel. See the difference? Lord Trew never really had to deal with
such a situation, but I did when Seamus was brought to trial."
Caramak nods, "Gotcha. Don't think Trew would've convicted Seamus either, but
I see what you're saying."
Fletcher grins and opines, "True, but it would have been for different reasons.
Any other questions thusfar?"
Jayla looks thoughtful for a minute and then shakes her head no.
Caramak nods, but means the same as Jayla, as indicated by his lack of question
to follow gesture.
Fletcher nods to the group and sinks back into the plushness of his chair.
"Good then. So, the problem arises when areas conflict. What should you do
if you're the Lady of a Hold and a Harper commits a crime in it? Legally,
that Harper is under your jurisdiction. POLITICALLY, the Lady would consult
with the local Harper about any sort of punishment to be meted out."
Caramak considers. "And likewise with a Holder in a CraftHall, such as Malkan,
and the flit Hatching."
Jayla listens quietly and nods.
Fletcher smiles and nods to Caramak. "Exactly right. Although, considering
Malkan was a Lord, you couldn't REALLY do anything to him. Good example: If
another leader is in your area, you really can't DO anything to them except
expel them. You can't incarcerate them, arrest them, or anything else. The
only bodies which can do that are a Lord's Conclave, a Craft Conclave, or the
Weyrwoman for a Weyrleader acting up. The Weyrs don't have any formal
organization, and the Crafts are virtually non-existant as a whole entity.
This is because any Craftmaster who should be punished will be by the other
Masters in the Craft, normally by being removed as the Craftmaster."
Caramak nods. No arguments so far.
Jayla smiles. "Three different heirarchies."
Fletcher observes, "In fact, any violence done to a leader by another leader or
someone in another leader's area which the leader won't punish can be dealt
with by the same body as mentioned above. There was an incident a bit ago
during a Lord's Conclave where a Lord and some Rider fought it out at Fort Sea
Hold. You remember, Caramak? You wrote a song about it. I can't believe
nothing was done to that Rider. I think Lady Aislyn was very much in the
wrong for letting the duel continue, and I can't understand why Master Oriana
was stopped from breaking it up.
Caramak shakes his head. "Wish I'd been there. Don't think it would have
continued...I'm a little harder to restrain in situations like that."
Jayla listens with interest. This is one story she's unfamiliar with.
Fletcher observes, "The Lord's Conclave SHOULD have done something about the
Rider, but they didn't. Well, I was there obstensibly as my father's
bodyguard... I would have jumped in had the Harper given me some signal, but
she motioned me back, which was too bad... Anyways, that was an incident of
the whole system just breaking down. Law is only persued so far as the people
involved wish to. If no one wishes vengence or justice, the law is forgotten.
Since that Lord was universally disliked, no one raised much of an outcry
except for Caramak's poignant song."
Caramak considers, "You heard this, Jayla...? There's not much more than
you've just heard to it, really."
Jayla shakes her head. "No, I've never heard this before....but I see the
point Fletcher is trying to make...basically there is no /formal/ law on
Pern...that most of what exists is whatever the particular leadership puts in
place."
Fletcher nods enthusiastically. "That's it exactly. Now, what if two leaders
have a difference of opinion? Or, say, a crime is committed in Ista Hold and
the criminal runs into the Harper Hall? This is where law meshes with
politics to a high degree. Legally, the Harpers have jurisdiction over the
criminal. Practically, they'd better work with the Lady Holder and anyone
else involved if they expect to stay on good terms with the Hold!"
Caramak nods, "Although that could be a big if," he adds, then quiets again.
Fletcher grins. "And then it just becomes the case of Caramak's Law Quandry as
the parties try to reconcile any differences between them. Oh, also, some
other laws tend to be universal, but largely because the HarperCraft polices
them and we're all over. The chief among these is marriage. For a marriage
to be legal, it must be witnessed and recorded by a Harper Journeyman, though
to the Journeyman need not perform the ceremony."
Fletcher peers at the students. "So why make marriage a legal institution?" he
poses to the group.
Caramak has a simple answer, but that would lead them back to the discussion of
whether humans are basically good or not, so he waits to see what the others
come up with...
Jayla frowns slightly. "Hmmm....that's an interesting question...never really
thought about it before. When I think about marriage, I don't think about it
from a /legal/ standpoint, but more from a complete and total committment
between two people."
Fletcher nods slowly. "So why legalize it at all? Why require a Harper to be
there to make it official? Couldn't two people just vow to devote themselves
to eachother infront of a witness or some friends, or even just together?"
Efette blinks a little :P
Jayla shakes her head. "I guess if two people decide to share their lives
together to the extent that the build a home, furnish it and have children
that some system would need to be in place to protect one if something
happened to the other. I guess it could be looked at from a property
standpoint that way."
Efette says, "Because it is binding in more ways than in just one man to one
woman..."
Caramak adds, "I'd say the legal part arrises because some people have broken
said commitment. There's more in a legal bind, for some people, than an
emotional one. /I/ don't see it that way, but hey. Not everyone's alike.
With the legal implications associated with breaking out of a marriage, people
are more careful about going in, and have commitment to children, even after a
marriage ends..."
Fletcher nods to this slowly. "So, basically, when you get married, everything
is communal property and if anything happens to one partner, the other
inherits. But, recall, there's very little tha people OWN. We don't have
many THINGS or possessions. Well, Lady Efette, all two people have to do is
go to a Harper and say, "We want to nullify our marriage." and it's done."
Jayla laughs softly. "Of course, there are marriages that are arranged more
for convenience or for political reasons also."
Efette meant it in a sense as of questions of lineage :)
Fletcher ahhhs to Caramak! "Children! Something I always forget because I
rather dislike the rugwherries. Yes, who will take care of the children if
there is a split? The two could agree to it, but that may not occur,
particularly if one partner is going far away. In such a case, who'se to say
who gets the child, then? Any ideas?"
Caramak shakes his head. "Case by case, on that one, Fletcher. I wouldn't
make that decision without /all/ the information."
Fletcher nods to Caramak. "But there's someone who always has ultimate say and
has to make the Decision. Who?"
Jayla nods at Caramak. "But in most cases, the mother usually winds up with
them, if nothing more but from a nurturing standpoint."
Fletcher points out to Jayla, "A bad principle to follow. Note Jueann's
madness and Seamus getting the children for a time."
Jayla grins. "Ahh...but I said usually....there are exceptions to everything
in life."
Efette goes home.
Fletcher smirks and nods. "So, in answer to my own question, it's the area
leader. If a Harper is posted to a Hold, the Lady Holder gets to decide to
whom the children go to."
Fletcher directs to Jayla, "So if they make the decision, why am I bothering
with telling you all of this, since YOU won't have to decide!"
Jayla smiles slightly. "Because as a Harper, I should be able to /advise/ the
Lady Holder as to her duties in the matter."
Fletcher grins and nods. "Which is which number stricture in the Basic Law
Strictures?"
Caramak looks askance at Fletcher...Heck, he's a Master, /he/ doesn't need to
know that... ;) Although he does (he hopes ;)
Jayla shrugs. "Sorry....couldn't tell ya...I haven't had any Basic Law
Strictures."
Fletcher nods and answers, "Number three. Harpers serve solely as advisors
except when specifically called upon to give judgement in one case or when in
their own area. Okay then... Hmm, I lost my train of thought."
Jayla smiles slightly. "Oh that! I just never heard you call it a 'stricture'
before...sorry, my fault."
Fletcher grins and nods. "All right. So, now, who controls the dissemination
of information, especially legal, on Pern? We do- the Harpers. So why, do
you think, we haven't taken over jurisdiction of judging legal cases. I think
a majority of the leaders would grant us that because we're known as being
fair. So... why don't we?"
Caramak thinks he's been over this before with Fletcher, so doesn't respond
himself. Let new blood speak, or something like that.
Jayla thinks a minute. "Could be because if we started making judgments we
could no longer be fair and objective but would start deciding issues in our
own favor...shaping Pern to what the Harpers thought it should be."
Fletcher hmms and nods. "Many people would say that isn't a bad thing, though.
But, more importantly, Harpers reflect the state of the society. As society
changes, the Harpers change. So, really, we wouldn't be changing anything in
a radical way. For example, during the Eight Pass, it was accepted for a
dragonrider to go and take whatever he wanted from the Holds or Craft and they
were happy to give it. In our Pass, if a Rider did that, you can bet he'd be
considered a criminal! And the Harpers help to regulate that and transform it
across Pern. So I can't agree with that. Why else?"
Caramak considers deeply. "Well. We're a different society unto ourselves, to
a certain extent. But that doesn't seem to be the major reason. Perhaps the
real reason would be that that would make Harpers, to a large extent into Lord
Holders, which we already have. Our education prepares us for a certain mode
of thinking, which I think is right, but the Lord's prepare them for another,
which, while it doesn't always seem to confer morals, does confer more
political savvy than your average Harper needs to possess. The Lord is, thus,
more specialized in his field of expertise, which is why we haven't done away
with the system...Although, I think it might use a bit of adjustment, from
time to time."
Jayla frowns slightly. "But how can we be objective advisors and stand in
judgment at the same time? Not only that, if the Harpers are given the power
of jurisdiction in legal matters, then the power belonging to the Lord Holders
would be diminished.
Caramak nods, "And that might not be a /bad/ thing, just one the LH's wouldn't
like. And one that would disrupt the power balance on Pern."
Caramak considers. "But if we can truly stay objective as advisors, sitting in
judgement should be equal objective, ie, fair."
Fletcher observes, "But if Harpers began teaching that the Harpers are the ones
who make judgements... I see your point, Caramak, and it's an astute
observation. Now, consider. Say we, as Harpers, could control people actions
or thoughts if we wanted to. How would people perceive us if we used this
awesome power very much?"
Caramak says, "Tyrants. Oppressors."
Jayla shakes her head. "But I don't agree with the point that we could be both
advisors and judges. It's one thing to know the letter of the law and relay
to someone else, but a judge, especially on Pern, doesn't necessarily have to
follow the letter of that law."
Fletcher nods slowly to Caramak. "A little harsher words than I would use, but
yes. Why?"
Fletcher grins to Jayla. "I agree. Though I think that's a secondary issue to
the one which I'm persuing..."
Caramak shakes his head, "I'll argue /that/ later. As for the tyranny, what
could be a more oppresive form of control than thought control? /Nothing/
would be safe, then. Not even the inner confines of the mind."
Fletcher nods very slowly. "And what if we used those powers in such
moderation so that they weren't often used, but when they were it was for a
noble and important purpose?"
Jayla thinks a minute. "Well, I think most people see the need for boundaries
and structure as much for the protection of themselves and their property and
for the protection of others. But other than that, they usually resist any
type of control or interference."
Caramak considers. "That's a tougher question. I would say /direct/ thought
control would be a violation of the person controlled, so I wouldn't use it,
/even then/. The ends don't justify the means. Thought /influence/, through
arguments or speach are another matter altogether."
Fletcher hmmms softly to this, thinking for a long moment. "Here's what I'm
getting at. If we decided things on Pern, we wouldn't be viewed as benevolent
Harpers who were always unbiased anymore, EVEN IF WE WERE. Because we have
this immense power, people would naturally fear us and defeat the entire
purpose of our existance."
Caramak nods, "I can agree with that..."
Jayla nods in agreement.
Fletcher grins and observes, "People fear power, particularly immense power.
Power attracts the corruptible. Absolute power attracts the absolutely
corruptible. Before we go off on that tangent, though... any questions on
law?"
Jayla shakes her head no.
Caramak shakes his head in agreement.