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. It can largely be stratified into pre-Quinquevirate and post-Quinquevirate law.

History

Early development

archaic period with an adversarial system which places the courts as having neutral power from the king to mediate discussions and hand out punishments / force people to do things

in super archaic times it was not always clear whether a court actually did have order from the king and a lot of political centralization comes from finding "who to point to", with kingdoms waging war against each other to become that (and get yummy yummy tax base)

Regal period

The regal period was marked by development of bureaucratic structures of law, replacing earlier, more informal avenues.

the central problem being solved is that its hard to administer rule over large territories in northern yazland and so you need to make a real bureaucracy

unfortunately you end up building a really rigid bureaucracy and insulate yourself from the provinces you rule so they become really unhappy with you and start calling for reform

Caoirism and the Quinquevirate

Caoir Ergesi says, "listen, guys, i know we all hate having so much law, but what if smart people made really good laws, and then everyone followed them and made a harmonious society". This has made a lot of people very angry and been widely regarded as a bad move. they, their followers, and other thinkers produce immense tomes about how to think really good. this leads to the formation of the quinquevirate (also to represent the doccábh territories as a whole in triangle sea trade and create a sort of pax doccabica) and everyone lives happily ever after. caoirist reform leads to a inquisitorial legal system and the law of the quinquevirate forms to protect all of this awesome trade and enable econony :-D

Late imperial law

oops the empire is falling apart how do we have a society

Legacy

most of the area including tsc, gintem, and ksc is common law shaped, dhimrai and some other places are civil law shaped. a traditionalist system in rationalist clothing pops up in tsc and so theirs is kind of a mixed system, in vahtyas they go crazy with the traditionalist system

interesting to see how it would interact with Kunwidya law :eyes:

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?)