From: Frank Rafaelsen (rafael@nvg.ntnu.no)
Date: Mon 29 Sep 1997 - 13:42:01 EEST
In the case someone might be interested in how i play Loskalmi
Justice and the justifications they have for it.
The Loskalmi system is radically different from what's the norm in
the west. They don't indulge in gross torture ceremonies of pain and
mutilation one finds in other parts of the west. The reasons for this are
many; On the most basic level it is because the power to judge and punish
is not bound to the King's person. I see Loskalm as buildt around a notion
of a social contract rather than the traditional feudal system. As a
result crimes are not seen as a personal attack on the King's person, and
punishment is not seen as his right to revenge. Crimes are rather a breach
of the social contract. Punishment is therefor the People's (Folk's :))
right to self defence. As the power to punish is based on the society as a
whole it is practically unlimited. But a major goal with the Loskalmi
judicial system is to restore criminals as autonomious members of society,
so this power is measured out with care. A key term is "enough
punishment." But enough compared to what? Enough to create at bond between
a given crime and it's punishment in the minds of the people. The object
of the punishment is not the criminal, but the onlookers.The Lord
Temporals of Loskalm claim the normal western approach to punishment is
self-defeating. According to them the old system's orgy of violence only
results in alienating the people. They say the countless incidents of
rebellions surounding the punishment ceremonies show that this could
easily be what transforms the embers of the people's anger into the flames
of rebellion.
This philosophy of punishment can be summed up as follows:
1) The punishment has to be swift and precise
2) The punishment has to be visible.
3) The punishment has to be different for each individual
This has several practical consequences: As the goal of the
punishment is to create links between certain crimes and certain
punisments in the imaginations of people it has to be swift and
predictable. The expect that the perpetrator is caught and tried
according to precise laws. So, they have done away with all the different
justices one can find in other western countries: In Loskalm there are no
church crimes, military crimes or caste crimes, just crimes! All are tried
in the same system, and according to the same laws. This is all to create
a more predictable system and thus according to their goal a efficient
system. Everybody is tried in the courts of the Lord Temporals; commoners
and Lords, belivers and heretics.
No prisons. Although prisons are not seen as punishment in the
west (only containment) it is not used in Loskalm either. The Loskalmi
scorn its use even more. In their system it would be foolish to seperate
criminals from the public. They aim to do the opposite: To create firm
links in the imagination, the people have to witness the acts of justice
(This also strenghten peoples' sense of taking part in reforming the
vicked. It is truly the People's justice). As a result criminals can be
seen working and serving everywhere in Loskalmi society. They often wear
special clothes according to the nature of their crime, and do tasks that
are symbolic to the nature of the crime they committed. In this way
people are constantly reminded of what crimes leads to what punishments.
Another reason the Lord Temporals scorn prisons is the fact that locking
up a person not only punishes him, but his entire family. This not only
contrary to their morals, but it also confuses the issue of the crime ->
punishment link.
Individual punishment: as the goal is to reform criminals it is
seen as self-defeating to meet out a fixed punishment. The punishment must
be adjusted according to the individual's behaviour and progress. As he
improves he get more and more liberty until he is finally reintroduced
into the society as an autonomious individual.
Captial punishment: Some crimes lead to capital punishment in
Loskalm as in other areas. But the difference is that there is a single
way to dispose of the person. No honorable beheading of nobles and
shameful hanging of commoners. In line with their philosophy it's the same
for each and everyone; beheading. Another difference is that the ceremony
does not have an aura of triumph and victory found other places, its
rather a solemn ceremony, mourning the loss of a fellow countryman. A
quick death without torture.
Ok, this was longer than intended. This system is by no means
dreamed up by me. It was in fact proposed by justice reformists in the
late 1700s, early 1800s. If you are interested you should read Michell
Focault's book Surveilance and Punishment
Comments or flames?
Frank Rafaelsen
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