Doccábh legal system

The Doccábh legal system was the set of laws, regulations, and rules used by the Doccábh Empire, spanning a jurisprudence of TODO to TODO. It forms the basis for the majority of the legal systems in Yazland.

Caoirism and Quinquevirate Law

Caoir Ergesi

Notes

• basis in customary, kinship-based courts, then built upon fiqh-style
• prehistorical law largely looks like village elders mediating discussion?
• major reform at some point in imperial history:
  • adversarial -> inquisitorial (matches an increasing amount of bureaucracy as the empire forms)
    • largely this is "procedural centralization"; the court is not a forum, it is an investigation
  • focus on turning the law into something more schematic, focusing on ownership, obligation, inheritance...
  • Caoir Ergesi is the "father" of this movement
    • legalist philosophy...
    • not a "rewriting" of the law but a grammar of law
    • "rationalist" project of facts -> classification -> principle -> judgement
    • later facts -> precedent -> interpretation -> judgement
  • interpretation of ~hadith, cases as settled by caoir being the gold standard, then direct followers of caoir...
• descendant systems probably end up having common-law-aesthetics with canon-law-structure?
  • more authoritative exemplars than binding precedent
  • even within doccábh law, various ideological factions of law:
    • "rationalism", reconstruct the principle of law
    • "traditionalism", follow authoritative rulings
    • "historicism", recover what caoir meant
    • "pragmatism", adapt inherited doctrine to current reality
  • thru tsc invasion and the dissolution of the empire, you lose a lot of the case law and authoritative imperial jurists
  • 3 main lineages?
    • precedent system, common-law-shaped
    • codified system, civil-law-shaped
    • jurist-school tradition based on revival of ancient law (renaissance?)