Difference between revisions of "Laws and justice of the Seven Kingdoms"

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(reworded some things, removed some redundancy, added info from twoiaf about unified code.)
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[[Lord]]s have judicial power in cases arising in their domains. While landed knights are sometimes Lords in all but name, only the Lords are given the right to administer the high justice for capital penalty.<ref>''[[The Sworn Sword]]'', p.127</ref><ref name=KnightsLords>[http://www.westeros.org/Citadel/SSM/Entry/1203/ SSM: Knights and Lords]</ref>  
 
[[Lord]]s have judicial power in cases arising in their domains. While landed knights are sometimes Lords in all but name, only the Lords are given the right to administer the high justice for capital penalty.<ref>''[[The Sworn Sword]]'', p.127</ref><ref name=KnightsLords>[http://www.westeros.org/Citadel/SSM/Entry/1203/ SSM: Knights and Lords]</ref>  
  
It is a lord's duty to keep the peace, hear petitions, and mete out justice and punishments, all in the name of his lord, and ultimately, in the name of the king. The lords may entrust tasks to their sworn lords, landed knights, and bailiffs, to help them keep the peace, perform local judgements and oversee executions.{{Ref|aSoS|22}} If the lord is unable to give sentencing, it is up to the lord of the great house holding dominion in that area<ref>''[[The Hedge Knight]]'' p.507</ref> and eventually the king to give sentencing, as the final authority.
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It is a lord's duty to keep the peace, hear petitions, and mete out justice and punishments, all in the name of his lord, and ultimately, in the name of the king. The lord or his officers would hold local courts, listen to petitions and accusations and rule based on the evidence and law. The lords may entrust tasks to their sworn lords, landed knights, and bailiffs, to help them keep the peace, perform local judgements and oversee executions.{{Ref|aSoS|22}} If the lord is unable to give sentencing, it is up to the lord of the great house holding dominion in that area<ref>''[[The Hedge Knight]]'' p.507</ref> and eventually the king to give sentencing, as the final authority.
  
The lord or his officers would hold local courts, listen to petitions and accusations and rule based on the evidence and law. Although the Seven Kingdoms has a [[master of laws]], which suggest some form of statutory law, it is largely based on local custom and ''wisdom'' rather than justice. As such, it is sometimes wise to look the other way to keep the peace.
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While [[Aegon's Conquest]] united most of Westeros under one king, [[Aegon I Targaryen | Aegon]] opted to respect each region's local laws and left them in place. Aegon also created the position of [[Master of Laws]] on the [[Small Council]]. It wasn't until the reign of [[Jaehaerys I]] that the Seven Kingdoms were brought under one unified code of law.{{ref|twoiaf| The Targaryen Kings: Jaehaerys I}} [[Dorne]] remained independent, and when they finally joined the Seven Kingdoms one of their conditions was that "Dornish law would always rule in Dorne." {{Ref|aFfC|2}}
  
 
==Administration==
 
==Administration==
The notion of justice depends greatly on the social class to which the defendant belongs. While most Houses has laws that protect the local commoners from abuse or mistreatment, to one degree or another, in some cases even from the nobility. These enforced by various degree depending on the disposition of the local lord or the status of the accused. Since most wrongs could be atoned for by the payment of a fine, the conduct of justice is different for common people and those rich noble, especially if they of high status and command influence and power, in which case overlooking their excess of exuberance, is sometimes in the best interest of the local lord.
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Laws are enforced to various degrees depending on the disposition of the local lord or the status of the accused. Since most wrongs can be atoned for by the payment of a fine, wealthy people an often get away with things that commoners can not. This is especially true if the accused is of high status and commands influence and power. In some cases overlooking an offense is in the best interest of the local lord.
  
 
Additionally, highborn such as lords and nobles are afforded more rights by law: they cannot be denied trials{{Ref|aGoT|33}} and are allowed more leniency in their conduct.<!--more elaborate trials, Several lords sitting to pronounce judgements, witnesses and cross-examinations...  details from ned trial, judges etc, if anyone rereads this part please add details.-->  
 
Additionally, highborn such as lords and nobles are afforded more rights by law: they cannot be denied trials{{Ref|aGoT|33}} and are allowed more leniency in their conduct.<!--more elaborate trials, Several lords sitting to pronounce judgements, witnesses and cross-examinations...  details from ned trial, judges etc, if anyone rereads this part please add details.-->  
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== Sentencing ==
 
== Sentencing ==
 
[[File:Marc Fishman Help him to his fate.jpg|Execution by hanging- by Marc Fishman © |thumb|350px|right]]
 
[[File:Marc Fishman Help him to his fate.jpg|Execution by hanging- by Marc Fishman © |thumb|350px|right]]
The punishment for treason{{Ref|aSoS|36}} and oathbreaking is death.{{Ref|aGoT|1}} Poachers and thieves may lose a hand. Various mutilations for assault, castration for rape,{{Ref|aGoT|13}} and floggings for minor offences are usual.
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The punishment for treason{{Ref|aSoS|36}} and oathbreaking is death.{{Ref|aGoT|1}} Poachers may lose a hand. It is customary for thieves to lose a finger, but harsher punishments may be doled out depending on the circumstances.{{ref|AFFC|14}} Various mutilations for assault, castration for rape,{{Ref|aGoT|13}} and floggings for minor offences are usual.
  
 
Executions are usually carried out by hanging or beheading. For harsher crimes the "crow cage" is used, in which the victim is imprisoned without food or water until death. Its name comes from the crows who often end up feasting on the criminal's flesh.<ref>''[[A Storm of Swords]]'' p.328, 329</ref><ref>''[[The Hedge Knight]]'' p.79</ref>  
 
Executions are usually carried out by hanging or beheading. For harsher crimes the "crow cage" is used, in which the victim is imprisoned without food or water until death. Its name comes from the crows who often end up feasting on the criminal's flesh.<ref>''[[A Storm of Swords]]'' p.328, 329</ref><ref>''[[The Hedge Knight]]'' p.79</ref>  

Revision as of 21:35, 6 May 2015

Law and justice, influenced by the Faith of the Seven
Stay of Execution. © Fantasy Flight Games

Law and justice in the Seven Kingdoms are largely defined by its feudal system of local government.

Justice system

Lords have judicial power in cases arising in their domains. While landed knights are sometimes Lords in all but name, only the Lords are given the right to administer the high justice for capital penalty.[1][2]

It is a lord's duty to keep the peace, hear petitions, and mete out justice and punishments, all in the name of his lord, and ultimately, in the name of the king. The lord or his officers would hold local courts, listen to petitions and accusations and rule based on the evidence and law. The lords may entrust tasks to their sworn lords, landed knights, and bailiffs, to help them keep the peace, perform local judgements and oversee executions.[3] If the lord is unable to give sentencing, it is up to the lord of the great house holding dominion in that area[4] and eventually the king to give sentencing, as the final authority.

While Aegon's Conquest united most of Westeros under one king, Aegon opted to respect each region's local laws and left them in place. Aegon also created the position of Master of Laws on the Small Council. It wasn't until the reign of Jaehaerys I that the Seven Kingdoms were brought under one unified code of law.[5] Dorne remained independent, and when they finally joined the Seven Kingdoms one of their conditions was that "Dornish law would always rule in Dorne." [6]

Administration

Laws are enforced to various degrees depending on the disposition of the local lord or the status of the accused. Since most wrongs can be atoned for by the payment of a fine, wealthy people an often get away with things that commoners can not. This is especially true if the accused is of high status and commands influence and power. In some cases overlooking an offense is in the best interest of the local lord.

Additionally, highborn such as lords and nobles are afforded more rights by law: they cannot be denied trials[7] and are allowed more leniency in their conduct.

An accused highborn may demand trial by combat[8] or the less used trial of seven and let the gods give judgement.[9] "Taking the black", to join the Night's Watch, is an alternative to criminal punishment.[10] By taking the black, one’s crimes are forgiven and he is exiled to the wall severing all previous ties. Women are not allowed to take the black. Only a knight of the Kingsguard can champion a queen in a trial by battle if she has been accused of treason.[11]

The legal majority for men and women is 16.[12] Trials, at least among the nobility, often begin with a prayer from a septon beseeching the Father Above to guide them towards justice.[13] The accused and witness are sworn to honesty before he gives testimony at a trial.[13] Of old, the High Septons might appoint seven judges to try a case, and if a woman was accused, three of them might be women, representing maidens, mothers, and crones.[11]

Sentencing

Execution by hanging- by Marc Fishman ©

The punishment for treason[14] and oathbreaking is death.[15] Poachers may lose a hand. It is customary for thieves to lose a finger, but harsher punishments may be doled out depending on the circumstances.[16] Various mutilations for assault, castration for rape,[17] and floggings for minor offences are usual.

Executions are usually carried out by hanging or beheading. For harsher crimes the "crow cage" is used, in which the victim is imprisoned without food or water until death. Its name comes from the crows who often end up feasting on the criminal's flesh.[18][19]

Flogging is the common punishment for members of the lower social classes, its severity determined by both the number of strokes.

Flaying has been outlawed since the Boltons bent the knee to the Starks, but continues to be practised unofficially.

References and Notes