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.
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...
- some famous figure, a "legal emperor" or philosopher? 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 $father being the gold standard, then direct followers of $father...
- adversarial -> inquisitorial (matches an increasing amount of bureaucracy as the empire forms)
- 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 $father 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?)