Where Do They Get Their Laws?

Today I discuss establishing a setting's law enforcement and judicial system. Historical sources indicate examples of organized court systems - Aeschylus' Oristeia depicts the foundation of Athenian law and trials, with a jury of 12 citizens, and wise magistrates are a common feature of Chinese parables. A court will require some infrastructure,which will inform how one develops the rest of the justice system in the setting proper.

Today I discuss establishing a setting's law enforcement and judicial system. Historical sources indicate examples of organized court systems - Aeschylus' Oristeia depicts the foundation of Athenian law and trials, with a jury of 12 citizens, and wise magistrates are a common feature of Chinese parables. A court will require some infrastructure,which will inform how one develops the rest of the justice system in the setting proper.



Are the courts religious and backed by a god of justice? Then perhaps clerics are trained also in litigation, and paladins serve as police officers. What is the bureaucracy like? Can the parties in a case settle with blood money or compensation? Or are judicial punishments rather more eye-for-an-eye?

How does one imprison a magic-user, anyway? Or a high-level rogue? A government may choose to exile such individuals instead of attempting to confine them, giving PCs a great reason to be out adventuring -or they may be marooned on an isolated island instead, which also gives a PC party a great reason to get together. After all, they have to work together since they’re each other’s best chances of getting out of their predicament.

The presence of a law enforcement system of course implies its opposite - that there is also organized crime, and thieves’guilds are a common feature in many fantasy settings. How the two coexist can inform an entire adventure arc of itself. If the PCs are all law-abiding types,then a GM could set up a campaign quite like the Untouchables, where they hunt down evidence required to try a powerful, shady individual in a court of law.

Thief and scoundrel PCs - well, they’d be experiencing the law enforcement system from the other end of it. Scott Lynch’s Gentleman Bastards series begins in a city where the nobles and the Right People (organized crime) have arranged a Secret Peace, where the city guards ignore the actions of the thieves as long as the thieves don’t steal from nobles. Violations of this Peace are punished by unpleasant death, and it’s a threat hanging over several characters’ heads that drives a good amount of the initial plot.

In a setting with a petty and venal government,the thieves’ guilds themselves may become the only source of law enforcement and protection on the streets. Protection money becomes a de-facto tax, since the guild would be upset if their merchant cash cows’ shops get destroyed by rivals in a convenient accident.

When discussing law enforcement we also have to consider what the people of the setting consider crimes - it was not illegal to expose unwanted infants in classical Rome, for example. The PCs’ expectations clashing with those of the local authorities is an excellent way to grab them by the plot hook.

The penalties for crimes can be similarly colorful and varied. A state could tattoo or brand criminals, covering larger sections for more severe crimes, with the criminal executed when they finally run out of space for more markings. Not feeling quite so bloodthirsty? Well,the pillory could be an option for petty crimes. Who wants to brave the rain of rotten turnips to talk to the NPC contact who just got pilloried for public drunkenness and nudity?

Last but not least: the existence of magic makes for interesting takes on the justice system. Divination spells could smooth trials and help in evidence gathering, and geas spells could help enforce restraining orders and anti-social behavioral orders. Magically enhanced interrogation could be more reliable than torture, in a coercive state, and a prison staffed with unbribable summoned jailers would prove an obstacle for rich inmates attempting to bribe their way out.

contributed by M.W. Simmes
 

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EthanSental

Legend
Supporter
True - Celebrim isn't bound by the 600 word article submission of articles and gave us good feedback on thoughts about the article...so the article succeeded in that aspect! Thanks Both :)
 

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Derren

Hero
Law enforcement is one of those areas where it is very common for modern concepts to leak into fantasy settings.
It starts with the assumption that there is even a legal system which conducts modern investigations no matter who is involved. In reality over most of the recorded history that wasnt the case though and judgment was in the hand of a single individual without investigation etc.
But its also about the details. Very often you hear that in someones setting divinations are not allowed because of modern reasons. Yet normally the major reason why it wouldnt be allowed, if that were really the case, would have been a power struggle between church and nobility, not because it isnt 100% fool proof.
 



Hussar

Legend
Stephen Erikson's Malazan series had a really interesting justice system for a society that was dominated by merchants.

All crimes were assigned a monetary value. The more serious the crime, the more money it was worth. If you could pay the fine, then ...errr... fine. You paid and walked. If you couldn't, then things got interesting. They tied the money around your waist, tied a rope to you and forced you to swim across the main canal in the city. For relatively minor crimes, the criminal could make the swim and then paid the fine from that money. For more serious crimes, obviously the weight of the fine would drag the criminal down and he or she would drown.

Thus the coining of the term, "Drowings". As in, "I'm going down to watch the drowings today and wager on outcomes". A major source of entertainment for the city.

Something my Thule campaign will certainly use since Quodeth, the city the PC's will be based in, is a city of canals. :D
 

Derren

Hero
Stephen Erikson's Malazan series had a really interesting justice system for a society that was dominated by merchants.

All crimes were assigned a monetary value. The more serious the crime, the more money it was worth. If you could pay the fine, then ...errr... fine. You paid and walked. If you couldn't, then things got interesting. They tied the money around your waist, tied a rope to you and forced you to swim across the main canal in the city. For relatively minor crimes, the criminal could make the swim and then paid the fine from that money. For more serious crimes, obviously the weight of the fine would drag the criminal down and he or she would drown.

Thus the coining of the term, "Drowings". As in, "I'm going down to watch the drowings today and wager on outcomes". A major source of entertainment for the city.

Something my Thule campaign will certainly use since Quodeth, the city the PC's will be based in, is a city of canals. :D

And who provides the money for the swim and goes through the trouble of retrieving it again?
 
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Hussar

Legend
And who provides the money fir the swim and goes through the trouble of retrieving it again?

The government supplies the money. I did mention that the criminal was tied to a rope on shore. They drag his dead carcass ashore if he drowns.
 

Derren

Hero
The government supplies the money. I did mention that the criminal was tied to a rope on shore. They drag his dead carcass ashore if he drowns.

And it of course never happens that the bag ruptures or the criminal unties the rope to swim away downstream...
 

Mallus

Legend
And it of course never happens that the bag ruptures or the criminal unties the rope to swim away downstream...
Some context here helps. [MENTION=22779]Hussar[/MENTION] is talking about the Letherii, introduced in Midnight Tides. Their whole culture is meant as a kind of parody of capitalism. The main character from this culture is an ungodly cross between Bertie Wooster and an Ayn Rand-ian superman who engineers the collapse of his country's economy with the help of his "Jeeves", who is secretly an ancient sea god.

Their legal system is not supposed to be realistic or workable. Rather, fantastical & satirical & memorable. Therefore, it's a perfect fit for a D&D campaign!

Full disclosure: I really liked Midnight Tides. Esp. Tehol Beddict and Bugg.
 

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