Шаблон:UnathiCustomaryLaw
Customary Law
Though changing throughout the centuries, the customary laws across Moghes – and now across the Orion Spur – have become an integral component of Unathite society. Founded as a result of attempting to resolve disputes within particular regions on Moghes, and the rather decentralized approach to the enforcement of law across the planet, it was inevitable that there would develop various different approaches to legal questions that needed answers. The history of these customary laws can be rooted within the Kres’ha’nor Hegemony’s twilight years. Hegemon Kresshi sought to create a set of principles regarding trade and dispute resolution (which involved the regulation of duels), which later became the foundation for the establishment of the guilds across the planet, early in his reign as a means of bringing unity among the divided territories. Following his death and the collapse of the Kres’ha’nor Hegemony, the newly-independent kingdoms sought to continue the Hegemon’s initial ideas and further develop their own approaches – beginning an age of legal innovation across Moghes. It is commonly recognised by contemporary jurists within the Izweski Hegemony that the Kres’ha’nor Rites - the foundation of many Moghesian customary laws - was instrumental in the establishment of the Warrior’s and Matriarch’s Codes of Honour.
Kres’ha’nor Rites
Created by Hegemon Kresshi, the Kres’ha’nor Rites concerned the establishment of trade regulations, which included a primitive form of the regulation of contracts, and methods in which to handle the resolution of legal disputes that arose across the Hegemony’s subservient territories. Most importantly, it became the foundation for the guilds that came to prominence during the seventeenth century, with provisions incentivising Lords to encourage economic development through allocating Clanheads particular charters to fulfill the growing market gaps across the Kres’ha’nor Hegemony. Serfs previously without any capacity to manoeuvre through the social ranks found themselves presented with opportunities that would grow their wealth considerably – further contributing to the wealth of the Lord, who still retained rights to the allocated charters and their lucrative profits. The Kres’ha’nor Rites also introduced duelling as a viable method of dispute resolution. It outlined what claims could be settled via duelings, such as if someone had cattle stolen or their property damaged. It also implemented the choice for challengers to elect how to bring the duelling to a conclusion, whether it be upon the first sight of blood or to the death of either party. Furthermore, Hegemony Kresshi sought to introduce these regulations as a means to enable independent dispute resolution among the peasantry and to reduce the need for the nobility to interfere with activities below their social rank.
Mazjivsa
There are Unathi that undergo specific training to provide counsel to those that wish to conclude a contract, referred to as Mazjivsa or Scribes. They are integral to several aspects of customary contract law and oftentimes are needed in order for a contract to be concluded. They undergo at least four years of training, sometimes longer depending on their specialisation. Due to the Sarakus Clan’s repression of the Guilds prior to the rise of the Izweski Hegemony, there has not been a Mazjivsa Guild for centuries. Now, Mazjivsa are generally composed of those who are outside of inheritance, such as the third and fourth sons of Noble Clansmen. They are then trained by independent Mazjivsas – however, the lack of any recognised Guild has resulted in some declaring themselves a Mazjivsa without the necessary training, having only minor skills needed to perform the role’s functions. Those who have this background discovered are generally exiled from the Hegemony, if not declared a Guwan for their dishonour.
Contracts
Customary contracts have become embedded within Unathite society, reinforced by the sheer influence that the guilds have had since the seventeenth century – even throughout the attempts by the Sarakus Hegemony to diminish their control over the global economy through nationalisation. Customary contracts are intertwined with most Unathite cultures, where even outside of business negotiations Unathi engage in regional customary laws – such as presenting gifts to others before asking for favours. It has evolved considerably since the advent of the Kres’ha’nor Rites – and has become integral to the functioning of the greater Moghesian economy, including across its various colonies – with the Lords of the Hegemony expecting foreigners to adhere to their process in order to successfully conclude business. Though some have been known to skirt these customs, bending the rules to hasten the process of negotiations – the most common being the circumventing of the authority of the Head of the Clan and/or Guild, with Hephaestus Industries being the most notable. Many new hires sign their contracts, without consulting the Head of the Clan and/or Guild. Though, these contracts are often honoured within the eyes of the Izweski Hegemony, who claim that those that sign these contracts have decided to initiate their own Clan, and therefore are their own Head of Clan. However, there are notable differences between the regional customs and their perspectives on contracts.
Skalamar, Imas’hi, S’th, Baandr, To’ha’dat, Res’karum & Mudki reside within the Izweski Heartland, where Skalamar customary laws would be enforced. The Izweski Clan managed to spread the influence of these customary laws through an agreement contained within the ceasefire with the Honoured Alliance, where they have since slowly become intertwined as a foundational aspect within the heart of the Hegemony.
- The Head of the Clan and/or Guild must conclude the contract – or a party authorised on behalf of the Head of the Clan and/or Guild.
- Each party must have at least one Mazjivsa to counsel them during negotiations, though it is preferred that a Mazjivsa appears in person, they can counsel parties through other methods such as a cellular device.
- An exchange of gifts between the parties involved has to occur prior to negotiations. Generally, it is assumed the more important a negotiation, the more expensive gifts are given.
- There must be at least two witnesses that can attest that the contract was concluded in accordance with Skalamar customs. Witnesses must either be of a Noble Clan or have pledged themselves and be recognized by Noble Clans within the Untouched Lands.
- The contract must be signed by both parties, in either ink or digitalized signatures.
- A contract is not considered binding if a Head of a Clan and/or Guild does not give consent to said contract, or was without knowledge that said contract occurred. Otherwise, disputes must be brought before a Lord, who will then render a decision.
The Tza Prairie
Tzonia, Kutah, and Ura’Mastyx all reside within the Tza Prairie, considered by many to be the most traditional region of Moghes. For over a millennium, the Ozmakali Clan has ruled over Tzonia – enforcing their own customary law, rather successfully. Contemporary scholars often associated Ozmakali customary law as a direct descendant of the Kres’ha’nor Rites, which it still heavily relies upon.
- The Head of the Clan and/or Guild must conclude the contract, no other parties are authorized to conclude contracts. However, other parties authorised by the Head of the Clan and/or Guild may commence negotiations.
- Each party must have a Mazjivsa, or Th’akh shaman present during negotiations to offer counsel.
- Negotiations are opened by a Th’akh Shaman, who gives gifts to the Hermetic Winged Serpent Jakali, asking them to look favourably upon the parties as they negotiate.
- There must be at least one witness that has honourable standing within the Th’akh Heartlands to testify that the contract was concluded in accordance with Ozmakali customary law.
- The contract must be signed by both Heads of Clans and/or Guilds, using a quill and their own blood.
- Should any of the Ozmakali customary laws have been violated during negotiation, or one party is said to have acted without honour in their dealings, then the contract cannot be said to be legally binding. Accusations of dishonour in negotiations are brought before a Lord, who will then render a decision.
The Southlands
Teht, Ja’zirt, Razir, Bahard, Darakath, Sahltyr and Janvir reside within the area where Southlands customary laws would be enforced. Though Miazo Clan is not as influential as other Clans within the Southlands, Lord Miazo’s reputation as a scholar and a poet has seen a revolutionising of the region’s customary laws – making it one of the more modern codifications of customary laws within the Hegemony
- The Head of a Clan and/or Guild does not need to be present to conduct negotiations but must be informed that said negotiations are occurring. Should they wish, they may conduct it themselves.
- Each party must have at least one Mazjivsa to counsel them during negotiations or to act as a negotiator on their behalf.
- Negotiations are opened with little fanfare, however, both parties must pledge before their Mazjivsas and each other to negotiate in good faith.
- A representative of the Local Lords Master of Rivers must be present at signing to ensure the contract was completed in accordance with Southlands customary law.
- The contract can be signed by any person recognized to be a representative of the Clan Head and/or Guild, in either ink or digitized signature.
- A contract can only be voided if both Heads of a Clan and/or Guild agree to do so.
- Should one party believe the other is not holding up its end of the contract, disputes are brought before a Lord, who will then render a judgment.
Ouerea
This covers settlements across Ouerea and is a result of the multicultural elements present. Despite attempts by the Izweski Hegemony to enforce Skalamar customs, it has largely been unsuccessful except within traditional Unathite homes. Differing considerably from most Moghesian codifications, Ouerean customary law finds itself rooted within certain elements of both the Solarian Alliance and the Nralakk Federation’s legal systems.
- Individuals can conduct contracts amongst themselves, without the Head of a Clan and/or Guild. However, should it be within the interest of the Clan and/or Guild, they should be informed.
- Parties can elect to bring Mazjivsa to counsel them during negotiations, but it isn’t necessary to initiate or conclude a contract.
- Negotiations do not require any activity before their commencement.
- There needs to be at least one witness present that can attest that the contract was concluded in accordance with Ouerean customs.
- The contract must be signed in digitized signatures.
- Contracts can only be voided if both parties agree to do so. Otherwise, disputes must be brought before a Lord, who will then render a decision.
The Free City of Vezdukh
Located within the jungles of Mictlan, the Free City of Vezdukhfollows its own codification of customary contract law – primarily inspired by lifting elements from Mictlani and other multicultural facets surrounding those that fled Moghes during the Contact War. Vezdukh customary laws were primarily codified by Clan Izziba, following their rise to prominence within the Free City. It takes heavy inspiration from the Th’akh Heartlands.
- Individuals can conduct contracts amongst themselves, should it exclude impacts on a Clan or Guild. However, should it have an impact on a Clan and/or Guild, then Heads of the Clan and/or Guild must conduct and conclude the negotiation.
- Parties do not require a Mazjivsa if it is independent of Clan and/or Guild contracts. However, they will require one if the contract concerns a Clan and/or Guild. A Mazjivsa can be replaced by a Th’akh Shaman if requested.
- Negotiations do not require any activity prior to commencement if it concerns private parties. If there are Heads of a Clan and/or Guild involved, a Th’akh Shaman opens negotiations with a prayer to Jakali, requesting guidance over the negotiations.
- There need to be at least two witnesses present that can attest that the contract was concluded in accordance with Vezduhkan customs.
- The contract can be signed either in ink or by digitized signature as commonly seen across Mictlan.
- Disputes arising from contracts must be brought before the Lord Mayor, who will deliberate on the matters with the High Council, and finally render a decision.
Wasteland
The strangest of all customary law “codes” the Wasteland has its own laws for the creation of contracts, enforced by consensus rather than lords high up on thrones. This set of laws is rooted in those of the traditionalist coalition, primarily the most powerful states. Enforced with blood and battle, as a lack of proper courts to settle disputes or accusations of treachery, Wasteland Customary Law is merely an outline for how one should act, and not a properly enforced legal code. Still, many in the Wasteland cling to these traditions, like their ancestors before them.
- Individuals can conduct contracts amongst themselves, without the head of their clan or guild. Due to the ravaging of the contact war, many in the wasteland care not about who supposedly rules over who. Should a Sinta pledge loyalty or be subservient to another though, that other should approve the contract. Failure to get their approval could lead to execution.
- Parties should never bring Mazjivsa to counsel them during negotiations, as it is seen as deceitful, speaking through another and not yourself.
- Negotiations should commence with both parties sharing a limited amount of food and water with the other. A common tactic is for one party to provide the other with all the food and water they will need for several days, in order to secure better terms. However in the wasteland, there are none who are able to do this without starving their own people a little.
- No witnesses need to be present for the contract to be concluded.
- The contract must be signed in the blood of both parties.
- Contracts can never be voided, except through duelling rites; where both parties select one member to fight to the death. Should the party who wishes the contract void wins, the contract is considered void
Marriage
Marriage in the Hegemony works differently compared to the rest of the Orion Spur and relies heavily on the customs that Unathi wish to enter a union beneath – each with notable divergences from one another. Dissolution of these unions are also handled within Unathite customary laws, and can only be observed when the customary requirements have been met, in some customs dissolution of a union cannot occur at all, and only dissolve upon the death of either partner. Unions have become integral to the functioning of Unathite society, rooted within showing allegiances between Clans – initially, but as Unathi moved forward it became an intrinsic element of their customs and culture, with unique rites being adopted depending on the circumstances of the union – an example being a union between Unathi of the same sex. It is considered dishonourable for an Unathi to attempt to escape a marriage arranged between the Heads of a Clan and has been considered a crime for several centuries in most customary laws.
Customary marriages are arranged by Clan Heads, with a majority of the customs across Moghes avoiding a courting period prior to the union, only recently have Unathi begun engaging in this process with the introduction of foreign ideas and concepts across the Hegemony – in particular on Ouerea. Within these customary marriages also exists elementary elements of monetary compensation – referred to as a “Marriage Price” the wealthier Clan of the two seeking a union must compensate the other Clan for the “loss” that it will endure following the successful completion of the marriage, where oftentimes the weather Clan’s name will be taken. However, there have been instances where the less affluent Clan can elect to forego the Marriage Price, in order for the other party to instead take their name.
Skalamar, Imas’hi, S’th, Baandr, To’ha’dat, Res’karum & Mudki reside within the Izweski Heartland, where Skalamar customary marriage laws would be enforced. Different to the customary contract law, the Izweski Clan has managed to insidiously enforce their customary marriage laws by unifying the less notable members of the Clan to Lords within the region – only agreeing to the union should they perform the ceremony in accordance with Skalamar customary laws.
- Heads of a Clan must arrange the marriage and/or union between Unathi. It cannot be pursued independently.
- The wealthier Clan must compensate the less affluent Clan with a “Marriage Price”. Though during the early days it was expected that Threshbeasts be given, within contemporary Skalamar customs this has instead been replaced with monetary compensation, or sometimes political compensation.
- It must be ordained by a Sk’akh Priest, and prayers must be said over the ceremony before it can commence.
- It is common to find same-sex unions organised by Heads of a Clan within the Skalamar customs, should it align with both’s beliefs about same-sex unions. Marriage between two men links to the Aspect of the Warrior for strength and is often used to secure particular military alliances. Marriage between two women is a call for the Aspect of the Healer and is thought to bring stability and kindness. Marriage between two different genders, or between two fishers, is connected to the Aspect of the Fisher, and is believed to bring prosperity and fortune to a union. A surrogate must be elected by the Heads of a Clan prior to commencing the ceremony.
- The dissolution of the marriage conducted under Skalamar customs can only be initiated in circumstances where one has either committed adultery or has dishonoured themselves through certain acts or conduct. It is well known that allegations against a woman of adultery, neglect, or abuse will typically be seen as false, as many believe women have too gentle a soul to do something so violent. It can only be performed by a Sk’akh Priest, who also oversees the separation of the matrimonial estate.
The Tza Prairie
Tzonia, Kutah, and Ura’Mastyx all reside within the Tza Prairie, considered by many to be the most traditional region of Moghes. However, dissimilar to customary contract laws, the Tza Prairie instead rely on traditional Tza Th’akh marriage rites, as opposed to a customary contract codification created by the Ozmakali Clan. Many within the Tza Prairie will not even engage in marriage negotiations if they are not in compliance with Th’akh marriage rites, and those that do enter a union outside of these rites often find themselves shunned by the greater Th’akh community within the region. Due to the Iron Crusade and the efforts of the former High Priest Unzi, there has been a push to enforce Skalamar Marriage law in the Prairie. While not very successful, it has seen some high-ranking nobility, most notably the clan of Lord Oerzali adopt Skalamar marriage rites for their own marriages. It is not enforced for any outside of his own clan.
- Heads of a Clan must approach a Th’akh Shaman with their intent to commence marriage negotiations between the clans, which the Shaman must then consent to.
- Both Clans must compensate one another with a Marriage Price. Traditionally, the Marriage Price is an exchange of items made from Warmounts – either jewellery or armour made from its bones.
- The ceremony must be conducted by a Th’akh Shaman, and the two Unathi must pledge themselves to one another – that they will strive to uphold a monogamous, healthy and balanced union. These ceremonies normally also include offerings to Aosr and Cersi.
- Same-sex unions are not encouraged among Tza Prairie commoners, due to a prevailing belief that the duty of marriage to produce hatchlings. Among the nobility, however, this belief is largely ignored in favour of securing alliances with other noble clans outside the Prairie, leading to many more same-sex marriages in the upper echelons of society.
- Dissolution of a marriage cannot occur in traditional Tza Th’akh marriage rites, only upon the death of one of the partners.
The Southlands
Teht, Ja’zirt, Razir, Bahard, Darakath, Sahltyr and Janvir reside within the area where Southlands customary laws would be enforced. Similarly to customary contract law, the Miazo clan has been an influential player in shaping Southlands customary marriages – thanks to Lord Miazo’s creative disposition. However, there are slight differences depending on the majority faith within a Lord’s holding.
- Heads of a Clan may approach the Lord who oversees the holding they reside within, and then a respective religious leader of the religion they follow, and get consent from both. However, individual Unathi can also elect to pursue the marriage or union without involving the Heads of a Clan, should they wish.
- Both Clans must compensate one another with a Marriage Price, however, the Heads of a Clan must negotiate the price which they must exchange with one another.
- The ceremony must be conducted by a respective religious leader. Additionally, the two Unathi must announce their intent to love, cherish and care for their partner to the local community.
- Same-sex unions are common within the Southlands, under both the local Th'akh and Sk'akh rites. Those that wish to pursue a same-sex union must elect a mutually-agreed surrogate prior to conducting the ceremony. The recent influx of Si'akh refugees from the Wasteland tend to be opposed to same-sex unions.
- Dissolution of the marriage occurs when an Unathi believes that their partner has not been faithful to their pledge – and can only be granted by a Lord. Monogamy is not as strictly followed within the Southlands customary marriage rites, depending on the religion followed and the method in which the ceremony was conducted. However, each party can only elect to take one other partner as long as they are married.
Ouerea
Ouerea’s varied history as a colony that has exchanged hands between numerous powers has created a somewhat unique approach to customary marriages on the planet. Though initially, it followed Skalamar customary laws, with the oversight of the Solarian Alliance and the Nralakk Federation, Ouerea has become a far more liberal playground for Unathitite unions.
- Courting prior to marriage is common, and is not frowned upon as it is across the Hegemony. It is seen as an important aspect of Ouerean customary marriages, as marriage must consist of complimenting spouses.
- Heads of a Clan do not need to be involved when a couple wishes to pursue marriage, and they can do so independently of any consent of their Clans – at least officially, it is not uncommon to hear of Unathi being shunned by their Clans for undercutting the Head of the Clan.
- The ceremony can be conducted in any manner that the prospective spouses wish; there are no requirements outside of registration.
- Same-sex unions are common and have no restrictions placed on them. A same-sex union does not need a surrogate prior to marriage.
- Dissolution of the marriage can be done independent of any other factors, and can commence whenever a spouse does not wish to continue the union. Many within the Hegemony have criticised this approach, as it undermines the traditional Unathitite rites regarding marriage dissolution.
Vezdukh
Inspired by the Mictlani, Vezdukh customary marriages and unions are one of the more liberal rites within Unathite society – mostly owning to the foreign influence of multicultural societies that exist across Mictlan. Though more liberal, they follow a significantly more formal approach – where wavering from it can result in the annulment of a union. Similarly, due to its Th’akh dominance, the Vezduhkan customary marriages see heavy inspiration from the Th’akh Heartlands.
- Similarly to Ouerea, the Free City of Vezduhk commonly sees courting periods prior to marriage. It is actually encouraged among Unathi before they commit to eachother. However, should a hatchling occur as a result of the courting period, it will be considered a union from the moment it hatches.
- Heads of a Clan must consent when a couple wishes to pursue marriage, and each must gift another with either fruit and/or fish.
- Heads of a Clan must approach a religious leader – preferably a Th’akh Shaman – and attain affirmation of the marriage.
- Same-sex unions are not uncommon, though some strains of Th'akh in the city are opposed to them on grounds of inability to produce hatchlings. These more hidebound Th'akh practices may shun those who enter into such marriages.
- Dissolution of a marriage can only occur in Vezdukh marriage rites if there has been adultery, the death of one of the partners, or if the marriage was annulled due to not following the customary rites.
- The marriage must be registered with the Lord Mayor’s office, and only upon doing this will it be considered a recognised union.
Wasteland
Similarly to customary contracts, the Wasteland relies on more an agreed-upon approach as opposed to a codification of any legal principles – almost anything goes within Wasteland customary marriages and unions, most of which is rooted within the Traditionalist Coalition’s approach – clinging to some resemblance of hope as the nuclear armageddon continuously wreaks havoc across Moghes.
- Clan members can approach their Heads of Clans to organise a marriage. However, merely living together for an extended period of time – or having produced a hatchling – quantifies as a marriage.
- Ceremonies are largely up to the spouses and aren’t required.
- Same-sex unions can happen, but rather infrequently as many see marriage as a method of survival – most commonly associated with producing hatchlings.
- Dissolution of a marriage is easy, and common. Those that no longer wish to maintain a marriage can simply move out of the matrimonial home, or move in with another Unathi.