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
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