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Judiciary systems

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Aeroz Aeroz's picture
Judiciary systems
I got to thinking about this. They do say somethings are legal, other things aren't, but how is the legal system handled? I figured the hypercorps view even criminal acts through the lense of civil law, where a third party makes a ruling and things are settled based on ownership and financial compensation. I have no doubt there is an arbitration hypercorp But what about specifics, do we still have attorneys, judges, para-legals? Would seem abit odd to me if the only two legal systems are totalitarian 100% guilty verdicts and everyone for themselves anarchists.
Smokeskin Smokeskin's picture
Re: Judiciary systems
I see it quite differently. The inner system is more or less like we have today. There's government, laws, a political process. In the PC, it might be hypercorp-controlled in the end(sort of like the US with the lobby system on steroids), while Morningstar is more like Switzerland, but either way we easily understand what is going on. Extropia is anarcho-capitalist and that sounds more like what you're describing. You subscribe to insurance, arbitration services (which define what laws apply to you!), security providers. And there is individual property rights. In case of conflict between people with different arbitration providers, there is either a developed consensus, or an agreement on finding a third party to settle the dispute is reached. Anarcho-capitalism rests heavily on the development of a common law - think of it how you'd settle a dispute with strangers when you don't want to involve the authorities. It mostly rests on the idea of damages - if your actions damage someone else or their property (including by failing to honor a contractual agreement), you must restitute and compensate them - which is typically easy to resolve. Much harder is stuff like risk and pollution, where you need a common law developed to handle that. If someone comes speeding down your street at insane speeds, you need your security provider to serve him, and your arbitration provider need to back that. Without common law, things go nuts as his arbitration provider refuses to acknowledge it and his security provider defends against your guys coming to collect the claim. The idea is that no one wants a small war over speeding tickets, and a common law will develop to handle such things. Mutualists are much like anarcho-capitalists, but they're not free to enter business contracts that for example allow for profits - each is paid for his work and service, and must charge that. A company would never make a profit - it would sell its products at exactly the cost of producing it (including wages). Anarcho-communists are very different. Property and the means of production are owned collectively, and they live by "from each according to his ability, to each according to his need". Decisions are made through direct democracy at the appropriate level (a factory decision, the workers there vote - a habitat-wide rule or decisions, everyone votes). Collectivist anarchists are like anarcho-communists in many ways, but they retain an economy, with wages democractically decided and like mutualism, profit is eliminated. Anarchism is typically NOT a free-for-all. It is not lawlessness. The rules just aren't decided by a government. In some habs, you'll need to get an arbitration provider and listen carefully to their advice on common law and precedence. In other habs, each section could have small collectives that democratically decide on a case-by-case basis what goes. Some places will have individual property rights and money, but that doesn't necessarily mean you're free to make lots of money on a good idea or selling a rare product. Some places you can't own anything and they don't have money and the only way to get hold of something is to convince someone they should give it to you because you need it (perhaps they'll trade with outsiders, but that's likely to be bad for the rep of the parties involved).
nerdnumber1 nerdnumber1's picture
Re: Judiciary systems
There are few in depth descriptions of the legal systems in Eclipse phase, but one thing that does seem to come up a lot is just how fragmented and diverse different areas are. I'm thinking that almost every hab has their own variation, with some authority working to arbitrate, whether it be a democratically elected council of arbitrators, a hypercorp security service, or a local gang of thugs. No system will be perfect, and indeed many systems of justice tend to be pretty bad, but all legal systems are a trade-off between security and freedom.
Prophet710 Prophet710's picture
Re: Judiciary systems
Another thing to consider is not just inner-faction judiciary bodies but specific habitat bodies. I assume that most major habitats have some sort of oversight tribunal to adjudicate a gamut of common laws, as with the speeding ticket example. For additional security and arbitration, especially in the outer rim, you can pay for insurance which will assist in security and litigation should the need arise. The only difference in laws between habitats belonging to the same faction are certain statues that apply to said habitat, much like the federal body oversight of state statutes in the United States.
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