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

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{{Stub|Needs flow improved, for reference see [http://www.westeros.org/Citadel/Concordance/Section/2.3.1./ Concordance]}}<hr>
 
{{Stub|Needs flow improved, for reference see [http://www.westeros.org/Citadel/Concordance/Section/2.3.1./ Concordance]}}<hr>
  
Although Westeros has [[Master of Laws]], which suggest Statutory law, it largely dicatated by the westerosy [[Feudalism|Feudal System]] where there law depends largely on the social class you belong, unlike the highborn who cannot be denied trials under the law.{{Ref|aGoT|38}} baseborn have few rights under the law, when it comes to claims.{{Ref|aGoT|30}} It has little todo with justice, and more with each regional lord trying the peace as best they can in their lands.
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'''Laws and Justice''', in the [[Seven Kingdoms]] is largely defined by it's [[Feudalism|Feudal system]] of local government.  
  
==Legal system==
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==Justice system==
The lord of a region is the chief authority and can administer the king’s justice. 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 the task to his landed lord and knights, and officers named bailiffs. such tasks as local judgements and overseeing hangings.{{Ref|aSoS|22}}  The Lord or his officers, would hold "local court", listens to petitions and accusations and rules based on the evidence, their wisdom and customary law. imposing fines or try, and punish upto "pit and gallows", gibbet, and mutilation.
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Lords have judicial power in cases arising in their domains, while landed knights are sometimes Lords in all but name, only the 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>
  
“Pit and Gallows”, Described the authority given to dispense king's justice. lords, minor lords and landed knights have the right to carry out justice, but only Lords are given the right to administer the high justice for capital penalty, of imprisonment (the "pit"), and execute (the “gallows”).<ref>TSS: 127. SSM: 1 </ref>
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It is a lords duty to keep the peace, hear petitions, and meet out justice and punishments, all in the name of his lord, and ultimately, in the name of the king. The lords may entrust task to their sworn lords, Landed knights, and bailiffs. To help them keep the peace, local judgements and overseeing hangings.{{Ref|aSoS|22}} If the lord is unable to give sentencing, it's 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.
  
If the lord is unable to give sentencing it's up to the lord of the great house holding dominion in that area<ref>(THK: 507)</ref> with the king ranked at the top of the chain, effectively being the law, followed by the hand.
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The Lord or his officers, would hold local courts, listens to petitions and accusations and rules based on the evidence and law. Although the Seven kingdoms has a [[Master of Laws]], which suggest some form of Statutory law, it's largely based on local custom and ''wisdom'' rather than justice. as such it's sometimes wise to look the other way to keep the peace.
  
==Legal proceeding==
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==Administration==
The legal majority for men and women is 16 <ref>(SSM: 1)</ref>
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Higher status such as Lords and nobles afforded more rights, during trial and judgement than for the common folk. <!--with more elaborate trials, with several lords sitting to pronounce judgements, witnesses and cross-examinations...  details from ned trial, judges etc-->
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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, was sometimes in the best interest of the lord.
  
unlike the small folk, highborn are allowed more elaborate trials, with several lords sitting to pronounce judgements, witnesses and cross-examinations... <!-- details from ned trial, judges etc--> also in some case when the victim was one of the small folk, wisdom might dictate overlooking noblemen excess of exuberance, leaving him with only fine or no punishment at all.
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In every event the accused my demand [[Trial by combat]]{{Ref|aGoT|38}} or the less used [[Trial of Seven]] and let the gods give judgement.{{Ref|aGoT|47}} "Taking the black", join the [[Night's Watch]] an alternative to criminal punishment.{{Ref|aGoT|3}} By taking the black, one’s crimes are forgiven and he is exiled to the wall severing all previous thighs. though this course However women are not allowed to take the black. Also only a knight of the Kingsguard can champion a queen in a trial by battle if she has been accused of treason.{{Ref|aFfC|43}} <!-- a queen+treason or royal blood+anything? -->  
  
In every event the accused my demand [[Trial by combat]]{{Ref|aGoT|38}} or the less used [[Trial of Seven]]. {{Ref|aGoT|47}} or "Taking the black", join the [[Night's Watch]] an alternative to criminal punishment.{{Ref|aGoT|3}} By taking the black, one’s crimes are forgiven and he is exiled to the wall severing all previous thighs. though this course However women are not allowed to take the black. Also only a knight of the Kingsguard can champion a queen in a trial by battle if she has been accused of treason (IV: 647) <!-- a queen+treason or royal blood+anything? -->  
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The legal majority for men and women is 16 <ref>[http://www.westeros.org/Citadel/SSM/Entry/Age_of_Majority/ SSM: Age of Majority]</ref> Trials, at least among the nobility, often begin with a prayer from a septon beseeching the Father Above to guide them towards justice.{{Ref|aSoS|66}} the the accused and witness are sworn to honesty before he gives testimony at a trial.{{Ref|aSoS|66}} Of old, the High Septons might appoint seven judges to try a case, and if a woman was accussed, three of them might be women, representing maidens, mothers, and crones.{{Ref|aFfC|43}}
 
 
Trials, at least among the nobility, often begin with a prayer from a septon beseeching the Father Above to guide them towards justice.{{Ref|aSoS|66}} the the accused and witness are sworn to honesty before he gives testimony at a trial.{{Ref|aSoS|66}}
 
 
 
Of old, the High Septons might appoint seven judges to try a case, and if a woman was accussed, three of them might be women, representing maidens, mothers, and crones (IV: 645, 651)
 
  
 
== Sentencing ==
 
== Sentencing ==
 
The punishment for treason{{Ref|aSoS|36}} and oathbreaking is death{{Ref|aGoT|1}}. Poacher and thief may lose a hand, various mutilation for assault, castration for rape{{Ref|aGoT|13}}, and floggings are doled out for many minor offences.
 
The punishment for treason{{Ref|aSoS|36}} and oathbreaking is death{{Ref|aGoT|1}}. Poacher and thief may lose a hand, various mutilation for assault, castration for rape{{Ref|aGoT|13}}, and floggings are doled out for many minor offences.
  
Executions are usually carried out by hanging or beheading. For harsher crime 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 flesh.<!--III: 328, 329. TSS: 79-->
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Executions are usually carried out by hanging or beheading. For harsher crime 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 flesh.<ref>[[A Storm of Swords]] p.328, 329</ref> <ref>[[The Hedge Knight]] p.79</ref>  
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Flogging are the common punishment for members of the lower social classes, it's severity determined by both the number of strokes.
  
Flogging are the common punishment for members of the lower social classes, it's severity determined by both the number of strokes.
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==References and Notes==
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{{references|3}}
  
 
[[fr:Justice dans les Sept Couronnes]]
 
[[fr:Justice dans les Sept Couronnes]]

Revision as of 08:43, 5 November 2011

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Needs flow improved, for reference see Concordance.

Laws and Justice, in the Seven Kingdoms is largely defined by it's 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 only the Lords are given the right to administer the high justice for capital penalty.[1][2]

It is a lords duty to keep the peace, hear petitions, and meet out justice and punishments, all in the name of his lord, and ultimately, in the name of the king. The lords may entrust task to their sworn lords, Landed knights, and bailiffs. To help them keep the peace, local judgements and overseeing hangings.[3] If the lord is unable to give sentencing, it's 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.

The Lord or his officers, would hold local courts, listens to petitions and accusations and rules based on the evidence and law. Although the Seven kingdoms has a Master of Laws, which suggest some form of Statutory law, it's largely based on local custom and wisdom rather than justice. as such it's sometimes wise to look the other way to keep the peace.

Administration

Higher status such as Lords and nobles afforded more rights, during trial and judgement than for the common folk. 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, was sometimes in the best interest of the lord.

In every event the accused my demand Trial by combat[5] or the less used Trial of Seven and let the gods give judgement.[6] "Taking the black", join the Night's Watch an alternative to criminal punishment.[7] By taking the black, one’s crimes are forgiven and he is exiled to the wall severing all previous thighs. though this course However women are not allowed to take the black. Also only a knight of the Kingsguard can champion a queen in a trial by battle if she has been accused of treason.[8]

The legal majority for men and women is 16 [9] Trials, at least among the nobility, often begin with a prayer from a septon beseeching the Father Above to guide them towards justice.[10] the the accused and witness are sworn to honesty before he gives testimony at a trial.[10] Of old, the High Septons might appoint seven judges to try a case, and if a woman was accussed, three of them might be women, representing maidens, mothers, and crones.[8]

Sentencing

The punishment for treason[11] and oathbreaking is death[12]. Poacher and thief may lose a hand, various mutilation for assault, castration for rape[13], and floggings are doled out for many minor offences.

Executions are usually carried out by hanging or beheading. For harsher crime 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 flesh.[14] [15] Flogging are the common punishment for members of the lower social classes, it's severity determined by both the number of strokes.


References and Notes