On Precedent in the Balianese Legal Code

[SmartScout 241]

On Precedent in the Balianese Legal Code

By Magister Robert Joseph de Lyons

 

 

 

 

 

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  It is my goal and hope in writing and revising the Royal Codex that it provides clear descriptions of crimes and clear distinctions between the categories of a crime, and that it is understandable to any who read it. My wish is that defendants may understand of what they are accused, that victims may understand what has been perpetrated against them, for lawyers to understand how to argue for their clients and dissect the arguments of opponents, for Qaestors to know what to seek when investigating or prosecuting possible crimes, and so Kritai may know what crimes and categories fit a situation, so they may apply the proper charges and sentencing. However, the world is not often perfectly clear, logical, or categorical. The situations and circumstances surrounding a crime, its victim, and its perpetrator are always different, and serve to change our view of a crime and its severity. Prudence and wisdom are necessary to look into not only what was done and the evidence surrounding it, but also why it was done, how it was done, who has done it, and who it was done to.

 

   For example, a case of battery or murder done in self defense may not even be a crime at all; or while a diplomat or the Legate seeking to treat with foreign powers is simple routine business, a mere citizen doing such may well be treason; or how knocking over a basket of fruit at a stall and painting some non-obscene message on a wall may both be simple petty vandalism, but the latter is clearly more severe than the former. Each incident brought to court, each case, is its own being, its own unique and unclear circumstance to which we must apply our more rigid and categorical laws. And hence we have precedent - the idea that due to the fluid nature of the world, the Kritai bears the right and duty to interpret, apply, and adapt the laws to a case based on its specific circumstances, and that these choices and unique applications of law shall be preserved and recorded for future reference, to allow for the fluid, yet still consistent application of the law to cases across our history.

 

   In the case of Adam Randell, we laid some of the first precedents of our system which were not necessarily written out in law - that those serving our government and military are held to higher standards in crimes of disobedience and crimes against order, and may be charged with treason where another man would only be served a misdemeanor or felony; that a prosecutor may not also judge a case; that he who passes the sentence should carry it out, if it is corporal punishment and is possible for him to carry it out; that a trial by combat may, in specific circumstances, be considered as a manner of execution. These things may not be written down explicitly in the codex, but they should be referenced back to and used in future cases, for they provide examples of how the law should be applied and adapted in similar circumstances. Thus, those who seek to truly study the law of Balian should not only look to the Royal Codex and its addendums, they should also look to the Court Reports and Causa Criminalis of our previous cases, to see the precedent they have laid out, and the reasoning behind their verdicts and sentences. And hence is the reason that Court Scribes are also of great importance, because they build the great backlog of precedents on which we and our successors rely for the greater justice, order, and consistency of our legal system both now, and in the years to come. And most importantly, it shows the reason we are so careful in picking Kritai, because a corrupt or inept one will not only have a negative influence on present cases and justice, but his bad decisions and precedents will ripple out and affect our people far into the future.

 

   Thus, it should be understood by all that any position in the law, especially that of the Kritai, shall be chosen carefully, prudently, and after much observation and deliberation. For while the law may at times seem harsh, or even cruel, its ultimate goal is the greater justice and prosperity of our people who seek to follow it. To protect the innocent and those who have been wronged, not to be used against them for selfish ends. Hence, precedent must also be constantly reviewed, even more so than our laws. The laws are meant to be rigid, clear, categorical, and well thought out; laid down after much consideration, and then not easily or lightly changed. Precedent is meant to guide our applications of the law where lines are blurred and situations are less clear, but can be more easily and hastily be laid down, and thus may be more easily corrupted. Hence, while precedent is a helpful tool for the adaptation and interpretation of the law, it should not be viewed as an absolute, and should always be treated with some degree of scrutiny to see if it is just, and if it truly applies the situation. But with its aid, and that of the codex, and with wise, fair, and just people at the helm, we should be able to achieve a better and more just society for all our people.

 

 

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Signed,

 

His Excellency, Robert Joseph de Lyons, Magister of the Kingdom of Balian