Subjects covered herein:

Two Legal systems, civil government and Initate Caste

Location of these two court systems

The Law Makers

Legal Officals, Magistrates

Generalities about Trials and Sentences

Jurisdiction of City law

Election to Councils

 

Civil Government and Initiate Caste

 

There are two primary legal systems in the cities of Gor, that of the civil government and that of the Initiate Caste. The areas of jurisdiction of these two different systems is sometimes vague though the Initiates do claim supreme authority in all matters.  They will definitely claim jurisdiction in any religious related matter. They will often ignore petty civil matters that they feel are beneath their worry.

 

Location of the Court Systems

 

Each of these two court systems will possess their own buildings. For the civil government, many of their legal offices will be located within the vast Central Cylinder, which is commonly the seat of government. There might also be a Cylinder of Justice where trials and punishments are conducted. Atop some such Cylinders, such as in the city of Ar, there will be a large impaling spike. It is a functional spike, used for actual impalements. A city might also have a Cylinder of Documents where legal and official documents are securely stored. The Initiates are likely to have most of their legal offices in their temples.

 

Who is Law Maker

 

Within a city, the type of ruler will determine who is the ultimate law maker. The dictatorial forms, such as a Ubar, Ubara and Tatrix, possess the power to change any law by simple decree. An Administrator does not have such absolute power. Instead, he must work closely with the High Council of the city to get laws passed. Despite their power though, the Ubar, Ubara and Tatrix are still subject to their own laws. If they violate a law, they cannot then retroactively change it to avoid the violation. Talena, Ubara of Ar in Magicians of Gor, tried to do that exact thing when she fell afoul of the couching law of Ar. But, even though she was Ubara, she could not retroactively change the law to avoid committing such a violation.

 

Legal Officals, Magistrates

 

Within a city, you are most likely to encounter the legal officials of the civil government, no matter what type of ruler is in control. These legal officials are commonly referred to as magistrates and there are a variety of different types of magistrates. As legal matters apparently fall under the purview of the Scribe Caste, most magistrates likely belong to the Scribe Caste. For example, attorneys are a subcaste of the Scribe's Caste. Magistrates often wear special robes and fillets, ribbons, to denote their office. They may also carry a wand of their office and some of those wands may carry concealed blades. Magistrates are able to act as ex officio witnesses who can certify the legality of certain matters. They also can rule in certain legal matters without the need for a trial.

 

Some of the different types of magistrates include aediles, archons, praetors, prefects and quaestors. (ancient Greek or Roman terms)  Executioners are also a type of magistrate. The exact duties of each type of magistrate on Gor is very unclear as the books provide little explanation or detail.

 

Generalities about Trials and Sentences

 

There are few details provided on Gorean trial procedures. Criminal defendants can be treated quite harshly. Prisoners, of either gender, are rarely pampered. They are often kept naked in their cells and denied even the availability of a bath. It is unknown whether bail exists or not. From the scant information in the books on trials, it seems a person is presumed innocent until found guilty. It does not seem that the accused must prove his innocence but rather that the state must prove his guilt. This is only speculation though. Certain crimes are described as felonies so there are likely misdemeanors as well, though the difference between the two is not given and few crimes are specifically delineated as one or the other.

 

There are magistrate hearings and jury trials. The books do not clarify which crimes can be handled by which judicial method. There is no indication on what type of crimes warrant a jury trial. In the few magistrate hearings that are described in the books, they are often quick matters. Though these hearings usually deal with quite clear cut matters, with little room for ambiguity. There also does not appear to be any appeal from the decision of these magistrates as sentence is often enacted immediately after a decision is made. We do know that a defendant can acquire immunity from prosecution if they provide assistance in the prosecution of someone else.

Punishments for the violation of Gorean law can be quite severe. Capital punishment is common for a wide variety of offenses and some of those offenses are not what many on Earth would consider serious crimes. Mutilation, enslavement and exile are other common punishments. For particularly heinous offenses, torture may precede death. There are some lesser penalties as well, such as fines.

 

Impalement is a common method of capital punishment for both free men and women. Men would be bound but women are usually just set upon the spear. It is not necessary to bind them as they cannot reach the spear or get the leverage to remove themselves. Such a fate is a slow death, giving people the time to consider and be remorseful for their crimes. Slaves though are not commonly impaled. They would be far more likely just tossed to a sleen. But, there are offenses where impalement of a slave does occur.

 

In the northern forests, hanging and hamstringing are common punishments. When a person is hamstrung, the two large tendons behind each knee are cut. The legs may then no longer be contracted and become basically useless. You can't even stand erect anymore. Such individuals often end up as pitiful beggars, pulling themselves along with their hands and arms.

 

The Frame of Humiliation is a unique punishment. The Frame is a hollow wooden frame to which a condemned person is tied. He is then set adrift on the Vosk River and the frame will float atop the water. The person might then die of exposure, dehydration, or be eaten by tharlarion or other carnivorous reptiles. Custom dictates that the person placed onto the frame is to be spit upon before being placed into the water. Other cities and areas have their own unique punishments as well.

 

Jurisdiction of City law

 

"There is a saying on Gor that the laws of a city extend no further than its walls." Outlaw of Gor,  This is one of the most basic principles of Gorean law yet it is more a generality than an absolute. For the most part, once you step outside the walls of a city, their city laws will no longer apply and the city will not protect you. But, there are exceptions to this rule. First, many cities claim  sovereignty over the lands surrounding their city. They may try to enforce their will upon the surrounding terrain. Tarn, tharlarion or infantry patrols often monitor the tenuous borders of a city's claimed territory and either question, detain or kill non-citizens trying to enter their lands. That is only as effective as the strength of the city's military forces. Second, there are certain locations located outside a city over which a city exercises full legal control, such as a banner keep. A banner keep is a Merchant Keep owned by a specific city, and governed by that city's laws. Third, Merchant Law exists, that set of common laws that binds many of the cities of Gor. Merchant Law extends past city walls, protecting commerce.

 

Election to Councils

 

Only members of the High Castes may be elected to the High Council of a city. Each of the five High Castes votes for their own representatives on the High Council.

Only members of the High Castes may vote to elect a city's Administrator or to appoint a Ubar. Low Castes do not possess any voting rights.

 
There is a question as to whether free women may be members of the High Council and whether free women of the High Castes are permitted to vote. This is likely an issue decided on a city by city basis. There is some confusion because of a statement that seems to imply women are not permitted to vote. "Whereas it is only the men of high caste who elect members to the Council of the City,…" Assassin of Gor  It is unclear whether "men" in this context refers solely to the male gender or whether it is used in a more