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HAURUL CAEZK: THE ORIGINALIST INTERPRETATION


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HAURUL CAEZK: THE ORIGINALIST

By Sigmar Joren Baruch

Tov and Yermey | 343 E.S.

 


 

INTRODUCTION

 

 

The Law Codex of Hanseti-Ruska is the foundation in which all institutions of Haense are based. It is the rock to which the Kingdom is anchored. It is the primary function of the Judicial system to uphold the textual meaning of the Codex and to strictly adhere to what the authors meant when they were originally writing the law. The law is strictly what the text says, it is not a loose, dynamic text but rather a strict, stable text that Jovenaars should not deviate from. The term “Originalist” is coined from the strict interpretation in which some Jovenaars abide by that dictates that the Law should be interpreted by its original meaning and should not be broadened to mean things it does not directly state.

 

THE ROLE OF THE CROWN

 

The power of the Law Codex derives solely from the Crown, the Supreme Authority of the land. While the Law serves as the foundation of the many institutions, the Crown is what binds the foundation and the institutions together, without the Crown neither the Law nor the institutions can stand alone. The Crown gives legitimization to the Law, therefore it is vital that the Law is valued by the Crown and values the Crown, serving as the Crown’s word and guidance over his domain.

 

THE ROLE OF THE JOVENAAR

 

It is the fundamental duty of the Jovenaar to uphold the meaning and interpret the Law as written. A Jovenaar must interpret the meaning of the Law at the time it was originally written. It is also the job of ta Jovenaar to strictly interpret the Law as a stagnant text. The Law says what it means, and what it does not say is not Law. If the Law does not speak to the matter, it is not for the Courts to adjust or broaden the meaning at the whims of the individuals. It is the job of the legislative and political bodies to alter or change the law, not the judges. If the people want something, you persuade your fellow Haeseni that it is a good idea and pass it through the Royal Duma or petition it to the Crown. The Law is not a living being, it is a legal document that says what it says, and does not say what it does not. 

 

THE ROLE OF THE LEGISLATIVE

 

The Legislative or Political body of Hanseti-Ruska plays a large role in the Codex. It is up to the Legislative and democratic body to change or add onto the laws, not the Judicial System. The belief of Originalism is to put faith and trust into the political process, letting the Royal Duma handle the changing of laws, allowing more accountability and freedom to the Haeseni people. If the people of Haense want something passed, they should petition their elected representative and get them to present it to the body, if the majority of people agree with the change, it will be passed. If the majority of people disagree with the change or wording, it will be voted down. It is the beauty of political gridlock and the Royal Duma, the ability to alter the Law, while the Courts must uphold and strictly interpret it. The purpose for the legislative to have such a vital role in the altering of Laws is so that the elected representatives may be held accountable for their actions and votes, the reason that Jovenaars serve life sentences is so that they are not pressured by political agendas or partisanship, but it also means that they are not held accountable as representatives are. While the role of a Jovenaar is to interpret law, the role of an Alderman or Tribune is to make and change law. That is why the Legislative plays a key role in the Originalist belief, as well as the Codex itself.

 

ORIGINALIST INTERPRETATION

 

While I have explained the meaning of  “Originalism” or “Textualism” I have not shown you what it looks like in practice, therefore I will lay out a proper example of how Originalism is put into practice;

 

705: Bastardy

705.01: Those born of bastardy shall have no rights to inheritance;

705.02: Bastards may be legitimized by and at the will of the Crown, with the consent of the titled peer of the relevant family if of noble descent;

 

Now this is a direct excerpt from the Haurul Caezk that outlines the view of the law on Bastards of families, mainly regarding peerage or nobility. It directly states that no bastard, unless legitimized by the will of the Crown, may receive inheritance. Therefore, hypothetically, if a noble family such as mine died out, no Vander or bastard could inherit the Baruch titles unless priorly legitimized by the Crown. If his lineage was of bastard blood, he would be disqualified from receiving the titles of his Noble family, no matter the context or emotions. It is the duty of the Jovenaar to uphold and interpret law, therefore no matter the context or wishes from the Noble Family in this scenario, he could not inherit the titles, they would have to be awarded to him by the King.

 

CONCLUSION

 

As discussed throughout this Essay, Originalists believe that the Codex is like a statute, they believe that the meaning of the Codex is strictly what is written, and that the words are supposed to bear the meaning at the time it was originally promulgated. The task of a Jovenaar is to determine the original meaning of the language, to understand how knowledgeable individuals would have understood this language when it was drafted and published. Interpreters at the time would have examined various factors, including text, purpose, structure, and history. The meaning of the Law ought to be determined, not on the basis of which meaning can be shown to have been understood by a larger handful of the people; but rather on the basis of which meaning is (1) most in accord with context and ordinary usage, and thus most likely to have been understood by the authors or Duma members which drafted or voted on the words of the Law (not to mention the people subject to it), and (2) most compatible with the surrounding body of law into which the provision must be integrated – a compatibility that, by a benign fiction, we assume Duma always has in mind. I would not permit any of the historical and legislative material discussed by the Court, or all of it combined, to lead me to a result different from the one that these factors suggest. Jovenaars must adhere to strict textualism and original intent, it is for the legislative body to alter or fix the law, because at the end of the day, the Codex is a stagnant, legal document that only means what it directly states.

 

 

Signed,

 

His Honour, Sigmar Joren Baruch HKML

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