HAURUL CAEZK: THE LIVING LAW

[Piov 2431]

HAURUL CAEZK: THE LIVING LAW
By Reza B. Gynsburg 

 

Introduction

Since the adoption of the Haurul Caezk, the Haeseni Code of Law, the system of justice has solidified its independent character in the life of our society. As it serves to govern the social fabric of the kingdom, the implicit assumption is that society is a fluctuating dynamic. As such, the law is not static. It responds broadly to the changes in values and in the progression of our institutions. Moreover, it is appropriate to state that the law is “living” in that it animates before us, in all cases, to complement the circumstances of litigants who come before the Aulic Court.

 

The Role of the Crown

The authority of the Crown in the Rule of Law is paramount for the adjudication of the legal code. The Rule of Law is not merely an abstraction, but the central force that binds the structures that comprise social life and governance. The Crown must serve as the anchor of law, binding together the symbolic and actual powers that maintain the integrity of our institutions. The law then complements and reflects the dynamics of the Crown as a real and changing entity. This does not suggest that the Crown wavers in value or power. Rather, the Crown is a permanent fixture in the execution of law and rises to respond to the needs of his subjects.

Thus, the Crown serves the source of all legal legitimation. Without it, the law would be baseless and contrive a dangerous ambivalence that would jeopardize equal justice for all subjects. Moreover, the Crown affirms that the law extends to all people entitled to due process. The law advances and applies itself through the Crown’s duly appointed magistrates to respond to the social forces that varyingly impact each generation.

The Character of Law

The character of the law is inherently dynamic because of the constancy of change in the temporalities of time and the passing generations for which it applies. As such, it is the role of the law, and more broadly by the court, to apply meaningfully and significantly to each subject by adapting to the context that one finds itself. In the last decade alone, the political and social structures of the law have been vastly reoriented. The once deemed “vassal law” was altered in two profound ways. First, the previous legal code from the reign of Koeng Andrik III was updated with the Haurul Caezk. The implications of state law, criminal law, civil law, peerage, and family were adapted once again to complement the changing social dynamics of Haeseni society. Secondly, the political separation of the Holy Orenian Empire and the Kingdom of Hanseti-Ruska compelled legal scholars and statesmen to once again reposition the legal code as the new standard for which jurisprudence would derive. Thus, we can assert that the very nature of evolving law is an inevitable phenomenon.

Clearly, the laws of the previous two centuries, from the advent of the Kingdom of Hanseti-Ruska to our contemporary judicial customs, have undergone a profound and virtually inevitable transformation. Even the most central laws that comprise the core of Haeseni life, namely that of the peerage and military, have been subject to new standards in their relationship to the Crown and to the broader society. The inherent timelessness of legal text necessitates that law endure through each passing era by continuously renewing itself towards accepted social attitudes. Consequently, sentences deemed unequivocally appropriate years ago for the same crime committed now would serve to diminish the public perception and character of the law. We can then argue that the law must continue to be renewed, not simply in the updating of statutes, but also in the way jovenaar should apply longstanding legislation in ever-changing circumstances.

Lastly, it must be acknowledged that the law is not self-defeating. Since it is not static, the character of the law reorients itself so as to profoundly impact those it was not originally meant to affect. The law lives and organically grows in tandem with the progressions of life. It is not simply mechanical and rigid. The law seeks to be fluid and flowing through the veins of society so as to inebriate the forces of justice.

Judicial Dynamism

In this section, we shall discuss the role of the jovenaar within the broader judicial process. Let us return to our brief preface in the introduction concerning the dynamic and interchanging entity of society. Legislation implemented a decade or even a century ago, while still in full force, may become derelict in responding to the times it finds itself. It is important that the interpretation of law made by jovenaar apply the implicit principle in the language and text of the legislation. The idea of “dynamism” is appropriate to label such. This concept holds that the jovenaar should extend the implications of any legislation to individuals who were not conceived at the original adoption of the law, but who now comprise as a subject entitled to due process.

For our purposes, let us take into consideration the statute of the Haurul Caezk as it defines those entitled to due process:

219: Legal Personality

219.01: Any person, company, guild or organization shall be deemed to have legal personality and shall be subject to the rights and obligations enshrinred herein;

          219.011: A person shall be defined as any creature with a natural biological body capable of independent thought and objectively intelligent.

The definition of “person” constitutes the criterion that entitles one to due process and all rights enshrined. It is possible for a society to evolve around the meaning of what can be considered independent thought and objective intelligence. Inherently, the text of the law is timeless and evolves around the context of how the legislature and the society deems independent thought and objective intelligence. The role of the jovenaar should adapt the meaning of the law with the circumstantial factors during litigation so as to apply the law with significance. Moreover, the jovenaar renews the commitment of the law to the society by interpreting statutes to maintain their relevance and necessity in every circumstance. In essence, the jovenaar must enkindle and energize the legal code so as to maintain its meaning and primacy over all social dynamics.

Active Legal Review

The principle of judicial dynamism asserts the role of the Aulic Court to interpret laws as they are adopted. Through active judicial review, the jovenaar should apply the standards of renewed meaning to how the law should be interpreted and enforced in their given context. The jovenaar should actively scrutinize both the language and implicit meaning of law. The language of law, as written originally, serves to show the relative meaning from its inception. As times progress, the jovenaar must measure, with prudence, the ways the law has reconfigured and reimagined itself since its adoption.

Conclusion

 

As we have discussed in this treatise, the law is a living entity. It “breathes” in that it lives and renews itself through each generation. It is thus incumbent upon the Aulic Court to maintain the relevance of law by adapting to the dynamism of its meaning to changing societal values. To best safeguard the Rule of Law and the equal administration of justice, the law must be assumed as an ever-changing body of text that continues to best reflect those it impacts. The law emerges from the legitimation of the Crown to act in congruence with active governance, complementing the legislative process and the enforcement of statutes by propagating newer understanding through the progression of time. It is the role of the jovenaar to enshrine the timeless and evolutionary nature of the law.

 

Associate Jovenaar of the Aulic Court


Published 17 Tov and Yermy 343 E.S. | 1790.