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AMATHINE LAW CODEX


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AMATHINE LAW CODEX

Established in the year 170 S.A.

 

 

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Index

 

BILL OF RIGHTS

Universal Rights

Domestic Rights

 

CIVIL LAW

Article I: Identification

Article II: Contracts & Labor

Article II: Domestic Relations

 

CRIMINAL LAW

Article I: Crimes Against the Person

Article II: Crimes Against Property

Article III: Crimes Against Morality

Article IV: Crimes Against Justice
Article V: Crimes Against the Crown

Article VI: Magic & the Supernatural

 

JUDICIAL REGULATIONS

Article I: Legal Procedure

Article II: Legal Defences

Article III: The Offence

Article IV: Execution

Article V: Foreign Inquisition

 

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BILL OF RIGHTS

 

Universal Rights

 

The Right to Life

The individual is recognized to bear the right to live without the threat of harm or violence.

 

The Right to Liberty

The individual is recognized to bear the right to live without chains or oppression.

 

The Right to the Pursuit of Happiness

The individual is recognized to bear the right to live in contentment according to their own lawful ambitions.

 

Domestic Rights

 

The Right to Arms

The individual is recognized to bear the right to armaments.

 

The Right to Due Process

The individual is recognized to bear the right to fair trial.

 

The Right to Property

The individual is recognized to bear the right to ownership of lawful property.

 

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CIVIL LAW

 

Article I: Identification

1.1. Personhood

Living entities counted among the four descendent races (elves, dwarves, humans, orcs, etc.), including half-breeds, are officially recognized as persons and are thus entitled to universal rights.

1.2. Non-Descendents

Living entities not counted among the four descendent races, but deemed capable of sentience and reason, and conceived via natural means, may be entitled to universal rights provided they are granted a lawful permit via the Crown and Government. However, this does not qualify as personhood.

1.3. Citizenship

An individual recognized as a person shall be deemed a citizen of the realm under the  following clauses.

a) Born to citizens, either a mother or father, of the Princedom of Elvendom.

b) Granted citizenship under the lawful authority of the Crown and Government.

1.4. Foreigners

An individual recognized as a person originating from outside the realm shall be deemed a foreign visitor. Unless provisions (decree, pact, treaty, etc.) state otherwise, they are not entitled to the same domestic rights as citizens of The Crown of Amathine.

1.5. Revocation of citizenship

An individual's citizenship may be revoked by lawful decree of the Crown and Government.

1.6. Maturity

An individual is deemed to have reached physical maturity at the age of eighteen.

 

Article II: Contracts & Labor

2.1. Formation

The first requisite of a lawful contract is that the involved parties should have reached an agreement, legitimized to adhering to the following principles.

a) An offer via words or conduct, to contract on specified terms, is required with the clear intention that it is to be legally binding once accepted by the party to whom it is addressed.

b) A final expression of consent, via words or conduct, is required by the recipient in reply to the proponent’s offer. It must be accepted in accordance with the precise terms of said offer if it is to form an agreement. Said agreement is the basis of the contract, but not sufficient in itself to create legal obligations.

c) A consideration from the proponent is required in order to make the promised agreement enforceable as a contract. However, whilst said consideration must prove sufficient and be provided by the promisee, it need not move to the promisor. Rather, the terms may entail that the promisor gives something up, or that a third party receives at their request.

2.2. Contentsso

Should the legality of the contents within a contract be called into question, the terms can be assessed within the following categories: Express terms and Implied Terms.

a) Express terms are ones that the involved parties have set out in their agreement, either written or verbal. They must be interpreted objectively, on the basis of what a reasonable person in the position of the parties would have understood the words to mean.

i) Where a contract has been put in writing, there is the presumption said piece was intended to include all the agreed express terms. In this case, neither party can rely on extrinsic evidence of terms alleged to have been agreed, though it is admissible if the document wasn’t intended to contain all valid details.

b) A contract may contain terms which are not expressly stated but instead implied, either because the parties intended this, or by the operation of law, or by custom or usage. The validity of said implications can be determined via such concepts as necessity, principle, efficiency, and how obvious they are.

2.3. Termination

In the event one party is undermined by a breach of contract, they have the lawful right to be released from their obligations to perform as a result of another party’s defective or non-performance, arising within the following situations.

a) Where a party repudiates the terms of the contract and absolutely refuses to perform according to the set standards.

b) Where a party renders completion of the contract impossible due to disabling oneself so as to not perform.

c) Where a party fails to perform substantially and thus deprives the party of what they bargained for, according to the agreement set within the contract.

2.4. Damages

Should one party be substantially deprived of what they bargained for, according to the agreement set within the contract, then they have the right to seek compensation. Said income is determined by the value of those losses, interpreted and granted by the Judiciary.

 

Article III: Domestic Relations

3.1. Marriage

A sacred union between two individuals as partners in a personal relationship, legitimized under the authority of the Crown

3.2. Divorce

A procedure through which a married couple legally separate, resolved under the supervision of the judiciary, with the respective items belonging to both parties restored to their rightful owners and shared items fairly distributed. Said process is to be approved under the following circumstances.

a) When both parties, under a mutual consensus, choose to separate.

b) When an individual has evidently been proven unfaithful and found to have broken their matrimonial vows through an act of infidelity.

c) When an individual has been proven abusive or neglectful to their partner within the relationship. In addition, wherever abuse or neglect are deemed by the Crown to have been extreme, a restraining order may be enacted.

d) When an individual has evidently been lawfully prosecuted for criminal activity.

e) When the Crown declares the marriage  to be unlawful.

3.3. Age of Consent

The lawful age of consent is considered to be whenever an individual reaches the age of eighteen, the age of physical maturity (Civil Law - 1.6.).

3.4. Inheritance

The endowment of private property and hereditary titles shall be determined and validated according to the following provisions.

a) Inheritance is determined by the will of the testator, or alternatively by the customs of a house, seed, or family.

b) If the above isn’t applicable, inheritance passes to children conceited within wedlock, descending from eldest to youngest.

c) If the above isn’t applicable, inheritance passes to the direct siblings, descending from eldest to youngest.

d) If the above isn’t applicable, inheritance passes to the parents.

e) If the above isn’t applicable, inheritance passes to children conceived outside of wedlock, descending from eldest to youngest.

f) If the above isn’t applicable, inheritance shall be determined and distributed via a settlement reached by the Judiciary.

 

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CRIMINAL LAW

 

Article I: Crimes Against the Person

1.1. Assault

3rd Degree: An act by which an individual, either recklessly or intentionally, causes another party to suffer unlawful violence, but does not inflict any lasting injury. An infraction.

2nd Degree: An act by which an individual, either recklessly or intentionally, causes another party to suffer unlawful violence, and inflicts lasting, though not debilitating injury. Additionally, whenever an individual utilizes an offensive weapon to inflict injury. A misdemeanor.

1st Degree: An act by which an individual, either recklessly or intentionally, causes another party to suffer unlawful violence, and inflicts a lasting and debilitating injury. A felony.

1.2. Kidnapping

2nd Degree: An act by which an individual restrains and carries away another party without their consent or without their consent or a lawful excuse. A misdemeanor.

1st Degree: An act by which an individual restrains and carries away another party without their consent or a lawful excuse, and inflicts are unto them or endangers their life. A felony.

1.3. Ransoming

An act by which an individual restrains and carries away another party without their consent or a lawful excuse, with intent to sell or exchange them off. A felony.

1.4. Mayhem

3rd Degree: An act by which an individual brings about the unlawful mutilation or disfigurement of another, to a superficial level. A misdemeanor

2nd Degree: An act by which an individual brings about the unlawful mutilation or disfigurement of another, to a noticeable degree, but does not severely impair the injured party’s physical ability to live accordingly. A felony.

1st Degree: An act by which an individual brings about the unlawful mutilation or disfigurement of another, to a noticeable degree, and severely impairs the injured party’s physical ability to live accordingly. A felony.

1.5. Defamation

2nd Degree: An act by which an individual unjustly spreads false information with or without intent to harm another party’s reputation. An infraction.

1st Degree: An act by which an individual unjustly spreads false information with the intent to harm another party’s reputation, through the usage of informative apparatus such as written material and/or public gatherings. A misdemeanor.

1.6. Attempted Murder

An act by which an individual attempts to commit or plans an unlawful act of violence with the intent to cause the death of another. A felony.

1.7. Murder

2nd Degree: An act by which an individual commits an unlawful act of violence, without premeditation, that leads to the death of another. A felony.

1st Degree: An act by which an individual commits an unlawful act of violence, with premeditation, that leads to the death of another. A felony.

1.8. Manslaughter

2nd Degree: An act by which an individual unintentionally, as the result of negligence, causes the unlawful death of another, thus classifying it as involuntary. A misdemeanor.

1st Degree: An act by which an individual intentionally, as a result of momentary passion or emotional disturbance, causes the unlawful death of another, thus classifying it as voluntary. A felony.

1.9. Blackmail & Extortion

An act by which an individual attempts to obtain something, often of material gain, via the use of threats or unlawful force. A misdemeanor.

1.10. Medical Malpractice & Negligence

3rd Degree: An act by which an individual willfully denies effective care to a patient, resulting in minimal damage or short term impairment. An infraction.

2nd Degree: An act by which an individual willfully denies effective care to a patient, resulting in severe damage or long-term impairment. A misdemeanor.

a) Upon review, said individual may also be deemed forbidden to practice medicine within the realm of .

1st Degree: An act by which an individual willfully denies effective care to a patient, resulting in death. A felony.

a) Upon review, said individual may also be deemed forbidden to practice medicine within the realm of Amathine.

1.11. Impersonation

An act by which an individual fraudulently masquerades as someone they are not, either to gain an advantage or to cause disadvantage to someone else. A misdemeanor.

 

Article II: Crimes Against Property

2.1. Theft

2nd Degree: An act by which an individual dishonestly appropriates the property belonging to another party with the intention to permanently deprive them of it. An infraction.

1st Degree: An act by which an individual, in repeated or multiple instances, dishonestly appropriates the property belonging to another party with the intention to permanently deprive them of it. A misdemeanor.

2.2. Robbery

An act by which an individual, through the use of force, appropriates the property belonging to another party with the intention to permanently deprive them of it.

2.3. Vandalism

2nd Degree: An act by which an individual, recklessly, or intentionally, damages public or private property, to a minor or moderate degree. An infraction.

1st Degree: An act by which an individual, recklessly, or intentionally, damages public or private property, to a significant degree. A misdemeanor.

2.4. Trespassing

An act by which an individual intrudes upon another’s property, without permission, or an area or place they’re officially barred from entering. An infraction.

2.5. Injury to a Pet

An act by which an individual intentionally inflicts significant harm unto or kills an animal or livestock belonging to another. An infraction.

2.6. Criminal Damage

2nd Degree: An act by which an individual, recklessly or intentionally, alters, damages, or destroys an item, determined to be of minor or moderate value, belonging to another. An infraction.

1st Degree: An act by which an individual, recklessly or intentionally, alters, damages, or destroys an item, determined to be of greater value, belonging to another. A misdemeanor.

2.7. Poaching

An act by which an individual, not recognized as a lawful citizen, recklessly or intentionally hunts a wild animal on land within the sovereign borders of the Princedom of Amathine. An infraction.

 

Article III: Crimes Against Morality

3.1. Child Abuse & Neglect

An act by which an individual is deemed to have utilized excessive and unlawful force against a child, or subjected them to unlawful mistreatment, specifically below the age of eighteen (Civil Law - 1.6.). A misdemeanor.

a) In addition, wherever abuse or neglect are deemed by the crown to have been extreme, a restraining order may be enacted.

3.2. Slavery

An act by which an individual partakes in the unlawful sale, purchase, hiring or active condonation of the immoral slave trade. A felony.

3.3. Interracial Relationships & Breeding

An act by which an individual engages in a relationship with one of another descendent race, or willingly sires children of a mixed racial heritage. A misdemeanor.

a) However, this clause does not apply to the union of subraces of the same race.

b) Ex: A wood elf and high elf may be in a relationship, but an elf  and an orc may not.

3.4. Adultery

An act by which an individual commits an act of infidelity and proves to be unfaithful to their lawful partner. An infraction.

 

Article IV: Crimes Against Justice

4.1. Bribery

An act by which an individual attempts to pervert the course of justice via paying off a public official or a servant of the Crown. A felony.

a) Furthermore, any public official or servant of the Crown who accepts such a bribe shall be held accountable and subject to the same punishment.

4.2. Contempt

An act by which an individual proves to be disobedient or disrespectful to officers of the law, observed in behavior that opposes or undermines the authority, justice and dignity of the judicial process. A misdemeanor.

4.3. Tampering of Evidence

An act by which an individual alters, conceals, falsifies, or destroys evidence with intent to interfere with lawful investigation or the judicial process.

4.4. Obstruction

An act by which an individual attempts to pervert the course of justice via interfering with the lawful duty of the guard or the judiciary. An infraction.

a) This includes resisting arrest.

4.5. Perjury

An act by which an individual is found to have willingly lied or made a misrepresentation of events, before the judiciary, whilst under oath. An infraction.

4.6. Recidivism

When an individual is found to be a repeat offender, upon review of their immediate and past actions, the sentence may be raised to a greater severity by the judiciary.

a) However, this does not apply to the category of Treason, of which can only be passed if the article so details it is eligible.

4.7. Vigilantism

An act by which an individual intentionally attempts to apprehend, convict, and punish another without the proper legal authority. A misdemeanor.

 

Article V: Crimes Against the Crown

5.1. Unauthorized Disclosure

3rd Degree: An act by which an individual leaks classified information, pertaining to the integrity of the Crown and Government, to another without clearance. A misdemeanor.

2nd Degree: An act by which an individual leaks classified information of a highly sensitive nature, pertaining to the integrity of the Crown and Government, to another without clearance. A felony.

1st Degree: An act by which an individual leaks any form of classified information, with the intention to undermine the integrity of the Crown and Government, to malicious entities or known enemies of the Princedom of Amathine. Treason.

5.2. Insurrection

An act by which an individual attempts to wage open rebellion against the Crown and its apparatus, or seeks the destruction of the Crown and Government via the usage of unlawful violence and coercive force. Treason.

5.3. Sedition

An act by which an individual attempts to incite rebellion, hostility, and disaffection towards the Crown and Government via subversive behavior or conspiracy. Treason.

5.4. Collusion

An act by which an individual attempts to undermine the Crown and Government via willingly and actively cooperating with malicious entities or known enemies of the Princedom of Amathine. Treason.

5.5. Assassination

An act by which an individual makes an attempt on the life of a member of government or the sovereign themselves. Treason.

a) This further encompasses the act of regicide, under which the recognized family of the sovereign shall also be categorized.

5.6. Piracy

An act by which an individual takes part in any of the following.

a) The unlawful attempt to board, damage, destroy, seize assets from, or harm the crew of a seaworthy vessel.

5.7. Unauthorized formation of a Militia

An act by which an individual establishes an armed militia or paramilitary organization without the authorization of the Crown and Government. A misdemeanor.

5.8. Desertion

An act by which an individual unlawfully abandons his post and duty within the military apparatus. A felony.

5.9. Usurpation of the Throne of Malin

An act by which an individual, without lawful authority or claim, assumes the position of ruler of Amathine, or sits on it with mocking intent. Punishable by execution.

 

 

Article VI: Magic & the Supernatural

7.1. Voidal Magic

The practice or instruction of any magecraft which draws upon the void is prohibited throughout the Princedom of Amathine. Practitioners who are found to be actively utilizing or teaching said arts are in contempt of this ruling. A misdemeanor.

a) However, an exception to its usage can be made in the event an individual is granted lawful permit via the Crown and Government.

7.2. Dark Magic

The practice or instruction of any magecraft which draws upon either a dark or corrupt source is fiercely prohibited throughout the Princedom of Amathine. Those who are found to be practitioners, or teaching said arts shall be judged an immediate danger to society. A felony.

7.3. Constructs & Creatures

Constructs or creatures conceived out of non-prohibited magical arts or natural means, provided they are not deemed a danger to the populace, are to be granted safe passage to the Princedom of Amathine. However, if their will is bound to an individual, and the construct or creature should become rampant, then the master of said construct shall be considered liable for whatever damages occur.

7.4. Magical Artifacts

The ownership and usage of magical artifacts is permitted, provided they are not drawing upon magecraft which is prohibited throughout the Princedom of Amathine. Those found to possess items of said description, without having been granted a lawful permit via the Crown and Government, shall be tried effectively as practitioners.

 

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JUDICIAL REGULATIONS

 

Article I: Legal Procedure

1.1. Magistrates

The following parties are considered qualified for sitting as the judge of a proceeding trial.

a) The High Prince/Princess of Elvendom

b) The Medin’sair

c) An exarch of the Judiciary.

1.2. Witnesses

An individual recognized as a person under the law is eligible to stand as a witness within the judicial process (Civil Law - 1.1).

1.3. Houses & Seeds

In the event that a member of a recognized House or Seed should face trial, the established leader of said body must be first notified prior to the initiation of the judicial process. Furthermore, it is within said leader’s right to represent their household, without obstruction, before the Judiciary.

1.4. Representation

An individual, entitled to due process, has the right to elect another to represent them before the Judiciary. However, said representative is verified at the discretion of the sitting exarch.

1.5. Evidence

All applicable evidence must be presented at the intention of the trial to the sitting exarch. New evidence may be brought to light throughout the process, provided all parties are well informed prior and given adequate time to respond.

1.6. Dismissal

An individual, as an injured party, mid-process, olds the right to dismiss a charge they hold against an accused party should the referenced crime only amount to an infraction.

1,7, Repeat Offences

An individual recognized as a repeat offender may be subject to greater penalty, should the sitting exarch deem it appropriate.

a) However, a repeat offence may not be reclassified as treason.

1.8. Royal Pardon

An individual, by formal decree of the sovereign, may be lawfully acquitted from any crime or judgement.

 

Article II: Legal Defences

2.1. Duress

When an individual commits a crime as a result of violence, threat or coercion, they may not be considered liable for said crime and this may be acquitted or find their sentence reduced.

2.2. Entrapment

When an individual is lured or tricked into committing a crime, in order to secure their prosecution, they will not be considered liable for said crime.

2.3. Infancy

When an individual who commits a crime whilst below the age of twelve, they may not be considered liable for said crime and this may be acquitted or find their sentence reduced.

2.4. Self-Defence

When an individual commits a crime under the necessity of defending one’s self, family and landed property, they will not be considered liable for said crime.

2.5. Consensual Risk of Harm

When an individual, with premeditation, places or consents to putting themselves in a position of risk or harm, they may not hold another party liable.

2.6. Provocation

When an individual commits a crime due to temporary lapse of judgement, often brought invoked via threat or coercion, they may not be considered liable for said crime and thus may be acquitted or find their sentence reduced.

2.7. Necessity

When an individual commits a crime due to compelling circumstances, as a last resort, in order to prevent further harm, they may not be considered liable for said crime and thus may be acquitted or find their sentence reduced.

2.8. Immunity

When a public official, acting within the confines of their lawful duty and conduct, commits a crime, they will not be considered liable for said crime.

 

Article III: The Offence

Infraction

A crime of minor severity, warranting the following punishment(s).

a) A monetary fine of up to 50 minas.

Misdemeanor

A crime of middling severity, warranting the following punishment(s).

a) A monetary fine of up to 100 minas.

b) A Banishment of up to an elven week.

c) Up to 20 lashes.

d) The loss of one's ring finger.

Felony

A crime of serious severity, warranting the following punishment(s).

a) A monetary fine of up to 300 minas.

b) A banishment of up to a lifetime.

c) Dismemberment.

d) Execution.

Treason

A crime of utmost severity. The punishment dealt unto the guilty party is, without exception, either banishment for life with dismemberment, or execution.

 

Article IV: Execution

The following forms of capital punishment are to be considered lawful applications

a) “Fishing Trip.”

b) “Praying to Malin.”

c) “A Mothers Embrace.”

 

Article V: Foreign Inquisition

1.1. Right of Inquisition

When permitted by the city guards or the High Prince/Princess, the Paladins of Xan and Templars have the given right to perform sacred duties within the Princedom of Amathine to combat heresy and aid in conducting trials against suspected Darkspawn when suspicion has arised.

 

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SIGNED,

el’malaurir Idril Sylvaeri

High Princess of Amathine

Taliyna el’Tennallar’leh, Warden of the Wild, Shepherd of the Elder Blood

“Uell ito Maruthiran”

 

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Spoiler

Huge thanks and major credit to @Andustarwith his OG law codex, written for the nation a while back :) <3

 

 

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