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Coscivian law: Difference between revisions
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The celebrated jurist X.L. Ixtralargin periodised the development of Coscivian law thus: | The celebrated jurist X.L. Ixtralargin periodised the development of Coscivian law thus: | ||
*'''Fundamental stage''' - Law as a system for peaceful {{wp|conflict resolution}} between tribes and clans, beginning with the Lawful Commonwealth. | *'''Fundamental stage''' - Law as a system for peaceful {{wp|conflict resolution}} between tribes and clans, beginning with the Lawful Commonwealth. | ||
*'''Civil stage''' - Law as a system for maintaining a state society, beginning in the Iron Age with the consolidation of the Coscivian Empire as a territorial state in competition with other states. | *'''Civil stage''' - Law as a system for maintaining a state society, beginning in the Iron Age with the consolidation of the Coscivian Empire as a territorial state in competition with other states. Distinctions between criminal and civil law emerge. | ||
*'''Justicial stage''' - Law as a system for realising and upholding social values, influenced by [[Shaftonism]], organised Coscivian religions, and later Christianity, with more transcendental, abstract, and personalist notions of rights and justice. | *'''Justicial stage''' - Law as a system for realising and upholding social values, influenced by [[Shaftonism]], organised Coscivian religions, and later Christianity, with more transcendental, abstract, and personalist notions of rights and justice. | ||
*'''Constitutional stage''' - Law as a system for ordering and balancing competing interests in a complex society, beginning in the Early Modern period. | *'''Constitutional stage''' - Law as a system for ordering and balancing competing interests in a complex society, beginning in the Early Modern period. | ||
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==Sources of Law== | ==Sources of Law== | ||
Coscivian law is the result of synergetic fusion between law "from above" - law imposed by state authorities - and law "from below" that emerges organically from history and custom or dynamically from the judicial process. This two-tiered system reflects the history of the Coscivian Empires and their successors extending their authority over wide areas populated by diverse, internally self-governing local communities, and the consequent need to synthesise the Law of the Emperor with the Law of the Land. | |||
===Law from Below=== | ===Law from Below=== | ||
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====Judicial Consensus==== | ====Judicial Consensus==== | ||
====Accepted Wisdom==== | ====Accepted Wisdom==== | ||
"Accepted wisdom" is a body of maxims and adages expressing legal norms and principles that are considered to be authoritative ''ipso facto'' and shape the operative culture of the legal system. Many are of ancient and uncertain provenance, and plenty are likely misattributed to major figures like Shafto the Wise or prominent Emperors. In modern times, accepted wisdom tends to originate from judicial opinions in frequently cited cases. | |||
===Law from Above=== | ===Law from Above=== | ||
====Edicts==== | ====Edicts==== | ||
Edicts are decrees of Coscivian Emperors that are considered to be general and binding in nature and enduring in legal relevance. Modern decrees issued by the [[Executive College]] exercising imperial prerogatives are not considered to be edicts. | |||
====''Stórnoálda''==== | ====''Stórnoálda''==== | ||
Literally "meta-law" or "law-of-laws", ''stórnoálda'' refers to {{wp|constitutional law}}. In a narrow sense, its subject is written constitutions and the corpora of case law surrounding them, and in a broad sense it overlaps with edicts and other sources of {{wp|higher law}}. | |||
====Legislation==== | ====Legislation==== | ||
==Distinctive features== | ==Distinctive features== | ||
*'''Crimes Against the System''' - Crimes such as judicial corruption, perjury, jury intimidation, witness intimidation/tampering, evidence tampering, perfidy, treason, usurpation, et al. that undermine the fundamental trusts an mechanisms upon which Lawful civil order depends carry severe punishments, in most cases death until modern times. The death penalty is still applicable and applied for many such crimes in many such cases, but other severe (if less permanent) punishments are on hand as well. | |||
*'''Judicial Consensus''' - Case law is made not through precedent but rather through a process in which a holding that gets cited often enough by other judges may be ruled to represent consensus by a “third” judge. It is possible for a superior court to overturn such a ruling of consensus. Only the Federal Consistory or (in theory) the Emperor himself can overturn their own rulings of consensus. | |||
==Contemporary Coscivian legal systems== | ==Contemporary Coscivian legal systems== | ||