Conclusions on Gorean Law: Power, Property, and Pragmatism
Gorean Law, though seemingly intricate with its codes and courts, is fundamentally a reflection of the planet's harsh realities: might makes right, and the master's will is absolute. It is a tool for maintaining order and protecting the interests of the powerful, rather than ensuring universal fairness or equality.
I. The Nature and Foundation of Gorean Law
Rooted in Power and Force: "First the sword, then government, then law, then justice." Law on Gor is not a philosophical ideal but a direct extension of physical power and the will of the ruling authority. It reaches "no further than the swords of a given polity" (e.g., a city's hegemony).
Territorial and Localized: The most basic principle is that "the laws of a city extend no further than its walls." There is no effective international law or "nations" in the Earth sense; law is primarily municipal, applying locally within a city's influence.
Strict and Unforgiving: Gorean law is often "stern," "obdurate as brass, as unyielding as steel," and "mercilessly enforced."
Ignorance of the law is not a defense, and consequences can be severe. Purpose-Driven, Not Inherently Just: Laws are explicitly "made to further the interests of the powerful, not that of the many, not those of the weak." It is a "weapon not unfamiliar to warring giants," and its "blade is heavy," wielded by the strong. It can be "confound[ed] and frustrate[d] the powerful" only when used to advance the interests of even more powerful elements.
Perception vs. Reality: There's an acknowledgment that law is not always "keenly observant, objective, or impartial." It can be "overlooked" when inconvenient, even by those who make it. The idea that "the law is the same for all" is explicitly refuted; all are not equal under the law.
II. The Status of Individuals Under Law
Absolute Status based on Law/Deed: The state, or source of law, can decide a person's status (citizen, slave, outlaw) by pronouncement, making it true "categorically and absolutely," regardless of the person's awareness or consent.
Status can change "by law" without the individual knowing (e.g., a free woman becoming a slave legally without her immediate knowledge). Free Individuals' Rights and Obligations:
Citizenship: Is a privilege, not inherent by birth.
Family Ties: Can be legally severed through "irreversible ceremonies" (e.g., disownment oath), cutting off kinship and protection.
Free Companionships: Are legal constructs that must be "annually renewed" with "wines of love" to remain binding. They are automatically dissolved if one partner is enslaved or dies.
Protection: Free women are "subjected only to the cold and inhuman mercies of the law" if they lack a protector. Free individuals are expected to protect themselves (e.g., drawing a sword against brigands).
Slave as Property:
Object, Not Person: "In the eyes of Goreans, and Gorean law, the slave is an animal. She is not a person, but an animal. She is simply an object, to be bartered, or bought or sold."
No Rights/Appeal: The brand signifies legal, institutional status; it "makes an object; its victim has no rights, or appeal, within the law."
Absolute Ownership: The master's power over the slave is absolute; he can do whatever he wishes with her, including mutilating or killing, with impunity (from others, unless damaging another's property). "The slave may, by law, have but one master."
Identity Loss: A slave loses their name, caste, and citizenship by law. They may be named or renamed at will by the master. Slaves are commonly denied veiling because they are animals.
Limited Protection: Slaves receive some protection from other free persons (not their master) due to general property law (not having the right to kill or maim another's slave as one would not harm another's domestic animal).
III. Key Legal Concepts and Practices
Sources of Law:
City Laws: Governed by an Administrator or Ubar, whose "word is law" and takes precedence over councils. Ubars can appoint officers solely by their word.
Initiate Caste Laws: Initiates have their own laws and courts; a tension exists with civil authorities.
Caste Codes: Specific codes (e.g., Warrior codes) and rites are recognized components of the legal framework.
Merchant Law: The "only law which is generally respected, and held in common, amongst Gorean municipalities." It is "established and codified at the great Sardar Fairs." It covers unclaimed slaves and other commercial aspects, but is often "ineffective" and "overruled whenever found by cities or individuals distasteful or inconvenient."
Proof and Evidence: While not explicitly detailed, slave papers (with fingerprints, measurements, brands) are legally prepared and stored to prove ownership and legal status. Testimony of slaves is "commonly taken under torture."
Contextual Law: The application of law is highly contextual, dependent on specific circumstances (e.g., "capture rights" vs. "context of no capture rights" in self-enslavement). "Laws are complex, tangled, and often obscure."
Purpose of Law: Beyond basic order, law serves to enforce specific social norms (e.g., disarming the populace for "peace," or encouraging submission). Laws relating to clothing (free women vs. slaves) are enforced to maintain the clarity of social distinction.
Ignorance is No Defense: Individuals are expected to know the laws of any city they visit or reside in.
Legal Consequences Beyond Crime: Legal outcomes can arise from non-criminal actions like gambling debts, or actions that align with natural male dominance ("man owns woman by nature").
In conclusion, Gorean law is a complex, localized, and dynamic system. It is a tool wielded by the powerful, enforced by steel, and designed to maintain a strict hierarchy where property rights are paramount, and the status of "slave" is an absolute, legally defined existence. Its "justice" is defined by the will of the ruler and the practical needs of the city.
- Kati Evans
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