Law of Trellin

Revision as of 00:34, 1 October 2022 by Maltropia (talk | contribs)
Jump to navigation Jump to search

The law of Trellin is noteworthy for its prevalent legal pluralism and diversity of legal systems across its territory. Trellinese law comprises royal law, made up of edicts, charters and other promulgations, and provincial law. Royal law is the highest law in Trellin, as in Hysera. Provincial legal systems are variously civil law, common law, customary law or a hybrid of several. Religious law is no longer a component of provincial legal systems, although both Christian and Thaerine doctrines are informative of royal law.

The history of the Trellinese Empire demonstrates its gradual expansion by the annexation and incorporation of other states. The most recent state to undergo provincialisation is the Margraviate of Azmir, which became the province of Azmir in 1988. In most cases, such territories were permitted to retain their legal systems and much of their existing legislation where not in conflict with laws specifically promulgated by the Trellinese monarchy. Even where territories were newly established in the Crown's name, the legal system enacted therein was generally not dictated by the Crown.

For example, in the Trophy Ports, each city was granted a formulaic charter entitling it "to make its own laws as it sees fit for the benefit of its people" in accordance with royal law. The Trophy Ports initially employed a customary law system, designed to protect the interests of their founding merchant families. This then developed into a precedent-based common law system intended to be more equitable to the populace at large, including foreign merchants. Finally, in the early modern era, the legal framework was codified to provide a consistent guidance for judgement; this represented the province's development into a civil law jurisdiction. More recently, however, the importance of precedent (including that established elsewhere in Trellin) has again risen in the Trophy Ports.

Territories formerly considered part of the Hyseran Empire generally retained the Hyseran legal system or had their legal systems modelled upon it. Thus, portions of northern Retikh — a common law province — use an ancient Hyseran legal code in their courts, which possess independent jurisdiction within the province. Although the laws are the same throughout the province, their interpretation differs by district.

Similarly, the Velaran civil law legal codes remained in force in areas such as Pelna and southern Retikh until they were erased by Azara IV in the early 1780s.

Particularly in common law jurisdictions in Trellin, it is common for courts of one province to look to precedent set in other provinces. Trellinese courts rarely look outside the Trellinese Empire for legal guidance.

List of provinces by prevailing legal system(s)

Province
Legal system
Flag of Alyrum.png Alyrum Hybrid: common law with customary elements
Flag of Asketon.png Asketon Civil law
Flag of Azmir.png Azmir Civil law
Flag of Bal Emrith.png Bal Emrith Hybrid: civil and customary law, codified on the Hyseran model
Flag of Emla.png Emla Civil law codified on the Hyseran model
Flag of Fymona.png Fymona Common law
Flag of Idisamo.png Idisamo Common law
Flag of Ja'ekha.png Ja'ekha Common law
Flag of Jajich.png Jajich Hybrid: civil law codified on the Hyseran model with customary elements
Flag of Khatax.png Khatax Common law
Flag of Kur'mala.png Kur'mala Hybrid: common law with customary elements, with a notably strong influence from Thaerine doctrinal law
Flag of Lekhmir.png Lekhmir Hybrid: civil law codified on the Hyseran model with common law elements
File:Flag of Më'idan.png Më'idan Hybrid: common law with civil law elements influenced by the Velaran model
Flag of Mevirin.png Mevirin Civil law
Flag of Namija.png Namija Hybrid: civil law incorporating elements of both Ja'ekhan and, since 1835, Trelum common law
Flag of Pelna.png Pelna Hybrid: common law with elements of medieval Velaran laws (such as city charters and statutes) remaining as customary law
Flag of Retikh (province).png Retikh Hybrid: predominantly common law with civil law jurisdictions codified on the Hyseran model
Flag of Rezat.png Rezat Hybrid: predominantly common law with customary elements. The island of Morikz is under a civil law jurisdiction, again with customary law elements, but provincial common law has supremacy over Morikzan law.
File:Flag of Saheri.png Saheri Hybrid: common law with customary elements
Flag of Ternos.png Ternos Common law; a civil law system was in place before a common law system, modelled on Trelum common law, was introduced in the 1700s
Trellin royal pennant.png Trelum Hybrid: common law with customary elements
Flag of the Trophy Ports.png Trophy Ports Hybrid: civil and common law with customary elements
Flag of Txekrikar.png Txekrikar Civil law
Map of legal systems in Trellin; see legend at left
  Civil law (CI)
  Common law (CO)
  Customary law (CU)
  Hybrid: CI, CO
  Hybrid: CI, CU
  Hybrid: CO, CU
  Hybrid: CI, CO, CU

See also