The Gorean Magistrate is a central figure in any city, acting as the judge and enforcer of laws that often align with nature's brutal realities rather than Earth's more abstract notions of justice. Their practices are defined by impartiality, swift action, and an unyielding commitment to the city's codes and the institution of slavery.
I. Core Responsibilities and Demeanor
Administer the Law Decisively: Magistrates are the direct executors of justice, responsible for finding guilt (e.g., "ear had been notched indicated that, by a magistrate, she had been found thief") and issuing sentences. They must act swiftly and clearly (e.g., "Thigh," to the roaming youths).
Maintain Judicial Integrity: While often "burly" and capable of forceful action, a Magistrate's role is to embody the law's "inexplicable" demand for "rigorous and exacting inquiry" (e.g., Nine Wells). They should not be easily swayed or corrupted (e.g., the arresting magistrate in Besnit who was framed).
Command Authority: Whether appointed by City Councils or part of a specialized board (like Port Kar's Port Consortium), Magistrates possess recognized authority. They must assert this, for example, by meeting arrivals at docks and questioning their stories.
Impartiality (Within Gorean Context): While not immune to personal recollections (e.g., Arn's magistrate), they are expected to apply the law as written. Some Praetors even "strive to adjudicate matters to the best of their lights," preserving market integrity (e.g., Ar's praetors).
II. Specific Duties and Common Cases
Criminal Adjudication:
Preside over cases of theft, fraud (e.g., clipped coins), and serious offenses.
Determine guilt and issue penalties that can be severe, including impalement (e.g., for attempting to masquerade as a free woman).
Order the seizure and punishment of spies (e.g., Clitus Vitellius taken to Magistrates for "much sport" before being chained).
Slave-Related Cases:
Identification: Essential for distinguishing slaves from free women, even when veiled. They utilize simple tests, such as asking women to perform simple tasks (e.g., pour wine) and then identifying brands (e.g., Ko-ro-ba slaver case).
Enslavement: Legally enforce enslavement based on various criteria (e.g., female debtors, women found with bared legs, those found wearing slave beads, violating the "couching law"). They can sentence individuals to bondage and oversee the execution of that sentence, even allowing the condemned to proclaim themselves slave (e.g., Aemilianus).
Ownership Disputes: Act as the final arbiter in cases of disputed slave ownership, where "possession... is often regarded as decisive."
Runaway Slaves: Oversee the public exhibition and potential auction of unclaimed or escaped slaves.
Reporting Captures: Citizens report captures of slaves to Magistrates (e.g., Axel).
Unapproved Actions: Tend to "frown upon" unauthorized acts like slave rape in public places (e.g., with naked girls) as it disrupts business, though such practices are often "winked at."
Record Keeping: Work closely with other scribes to ensure records are made of all proceedings, including detailed physical descriptions of enslaved individuals (e.g., Talena's branding and measurements).
City Governance: Often part of the council or board regulating city facilities (e.g., Port Kar's Port Consortium).
III. Limitations and External Context
Geographic Limits: Their authority generally does not extend beyond city walls (e.g., outlaws fleeing into the Sardar Mountains are safe from "mortal magistrate").
Vulnerability: Even Magistrates can "run afoul" of justice if they have "prior dealings" that expose their own past misdeeds (e.g., Arn's complaint). They are subject to the law themselves.
Perception of Power: They are recognized by outsiders as agents of power and authority (e.g., the brigand who feared magistrates).
Interaction with other castes: They are administrators and often work with and advise other castes (e.g. Lord Arcesilaus, magistrate of a remote city, as a valuable connection for commerce).
In summary, Gorean Magistrates embody the city's legal will, acting as stern, direct judges who apply explicit laws to maintain a rigid social order, particularly concerning property, commerce, and the absolute status of slavery. Their presence is a constant reminder that "First the sword—then government—then law—then justice."
- Kati Evans
No comments:
Post a Comment