Imperial Law Overview

These pages provide an out of character overview about the legal system of The Empire.

Pages setting out the detail of substantive laws will be available in due course.

Principles of Imperial law

The principles of Imperial Law are contained in its constitutional documents. The Imperial Constitution sets out:

• the principles underlying the relationship between the Nations and the Empire and the role of the Imperial Civil Service;

• the organs of the state and their appointed representatives; and

• the principles underlying the relationship between the citizen and the state.

Key Concepts

The nations which comprise the Empire are governed by Imperial Law which applies equally everywhere in the Empire. While each nation has its own traditions and customs they are superseded in circumstances where they conflict with Imperial Law. Imperial law is based on principles rather than legalistic precedents set by previous cases.

Any member of the Imperial Senate may submit a bill or motion to the civil service who will table it for debate by the Senate. Unconstitutional or frivolous bills and motions will not be tabled. If it is later determined that a law, bill or motion contravenes the principles of the constitution it shall be struck out. Legislation or motions passed by the Senate may also be vetoed by the Synod within one hour of their passing.

Those accused of crimes or engaged in civil claims are normally be expected to speak for themselves. Accordingly, there is no tradition of barristers within the Empire. You can play a lawyer who advises their clients about the law, but imperial law is intended to be simple to understand without being an expert.

Magistrates are non-player characters who are accorded wide-ranging discretionary powers under the constitution to investigate and try those accused of crimes and arbitrate in civil disputes. We will never run plot in Empire involving the corruption of magistrates or any other NPC civil servants.

The Imperial Synod have a number of legal powers being: sanctuary, clemency, witness, and inquisition. There are also some religious crimes: blasphemy, idolatry and heresy. [[1]]

Individuals and the law

All characters in Empire will fall into one of the following broad categories in relation to the law:

• Citizens of the Empire must fulfil their obligations to the State and in return they receive associated rights. Broadly these concepts are based on personal responsibility and service to the Empire.

• The child of an Imperial citizen has the full protection of the law as if they were a citizen. Until a child becomes a citizen their parents or guardians are responsible in law for any criminal or civil offences that they commit.

• Barbarians are defined as anyone with whom the Empire is at war. They have no recourse to Imperial Law but they may be the subject of it.

• Foreigners are defined as anyone from a country which is not at war with the Empire. Foreigners are subject to the law and accorded protection by it as if they were a citizen, but they do not otherwise enjoy the benefits of citizenship.

Five things about Imperial Law

• There is no right to silence for those accused of crimes. When questioned by a magistrate or deputised member of the militia in furtherance of their duties an accused must answer. If they do not a magistrate may draw an adverse inference. All citizens who witness crimes are expected to promptly inform either a member of the militia or a magistrate. Concealing crimes or assisting others to evade arrest is a serious offence.

• There are no prisons in the Empire. Those accused of crimes are usually released upon swearing an oath (a bond) that they will attend their trial at the time set by the magistrate. Thief-takers will be standing by ready to recapture them for a reward if they abscond.

• A citizen cannot be punished for saying that he will do something (which is illegal) before he has done it. Accordingly there are no laws which prohibit blackmail, threats of violence and so on. However, anything a citizen says may be used in evidence against them. So if a citizen threatens to kill someone and that person is then murdered, his death threats are potential evidence.

• All slavery is illegal in the Empire, whether it is of an imperial citizen, foreigner or barbarian.

• Magistrates will use their absolute discretion as to what evidence they will consider when coming to their verdict. So a magistrate might choose to hear out a particular witness's testimony, or they may stop, redirect or dismiss them, entirely as they see fit.