I was reading Limyaael’s rant on legal systems and wanted to make a posting. Before I knew it, that posting became its own rant. So, I’ve put it here where it more properly belongs.

In considering fantasy and legal systems, a writer has to consider the society portrayed. Consider these historical examples:

Developed Society:

How many times in 18th Century England did a judge say, “To be transported for life for the theft of half a loaf of bread.”? Quite often or Australia would be an empty continent. Jury trials were reserved for the Peers’ property disputes. Today, English jurors determine guilt or innocence only while judges determine the punishment. In France, even today, one judge hears misdemeanors and felonies by a three-judge panel. In Russia, a panel of judges hears the evidence and determines the punishment.

Tribal Society

One reader wrote about the African Jirga, as a court of reconciliation that takes into account the accused and the accusers to develop a peaceful consensus. That’s a great model of a tribal society dealing with its own members. But (that all-important but) how a tribal society deals with outsiders may be very different. If an outsider commits a capital crime, there may be dire consequences.

“You piddled on the sacred ancestor tree!”

“Sorry, it looked like a tree stump in the dark.”

Magical Society

This, in some ways, is a no-brainer. If magic is commonplace, then there must be a way for society to deal with offenders. Some people are stronger than others are. Some are faster. Some are cleverer. If someone is magically stronger then the society has to have a way to deal with them just as it must with bullies, fighters and con men. The magic police may do incantations that rob the accused of their magic. The magic police may tie them up, gag them or knock them out to avoid the illegal use of magic by the accused in the same way the police today disarm felons.

If magic is not commonplace, then the magician is in a lot of trouble. Consider the analogy of the American West. If Liberty Valance is the fastest draw in the West, and proves it continuously, then eventually Liberty Valance ends up with a bullet in his back. There’s no need to call in a faster gunslinger. Just shoot him and bury him. Justice is served and no one looks fast or far for the sniper. Same thing with magicians.

“Somebody put an arrow through the heart of Harforce the Mage!”

“I’d like to shake that person’s hand. They did us a big favor.”

The biblical injunction of “Thou shalt not suffer a witch to live” is pure logic. If one has supernatural powers, whether inborn or through learned ritual, then society stands in danger of being controlled by a witch. Kill the witch now and non-magicians (the majority) have the footing to co-exist.

Ancient Societies as Models

Ancient societies had different ways of dealing with magic. In ancient Israel, magicians were killed. Period. End of sentence. Death.

In Greece, the public use of magic was sanctioned. The Sybil, the Oracle at Delphi, etc. While these two examples are ones where the gods influenced the oracles, it remains supernatural. It stays magic.

In Navajo society, a witch was determined by generosity. If someone’s wealth came in sheep, they were okay so long as they shared their wealth with clan and society. Don’t share and you will die, branded as a witch.

The answer isn’t just the effects of law on magic. It’s how does society view magic?

It’s quiet in the house except for the lapping of their noses by Lady and Banjo. Lisa and Matt are on their way to Hawaii to meet Tricia, Lisa’s sister. Tricia is on the New Zealand national Waka Ama rowing team and racing in the World Cup. Waka Ama World Cup will undoubtedly not make ESPN but with celebrity poker competing for airtime, it should. Tricia is a transplanted Texan married to a Kiwi and living in Gisborne. Hawaii has a great team but I hope New Zealand wins but I’m prejudiced. If it does, we may never be welcome in Hawaii again.

Limyaeel has started an on-line novel on her site that should be a hoot. A wandering gypsy gets the mayor's daughter with child and tries to explain it away as parthenogenesis. Hey, it didn't work in high school, but this is fantasy. High school was merely surreal. Meanwhile, I ferment a plot in my head that has absolutely nothing to do with parthenogenesis. Asexual reproduction maybe. No, there's a woman and a man in my story. They'll have to get in the family way the old-fashioned way.

Yes, it's been a quiet evening and I'm immensely grateful for that. The most annoying thing today was a salesperson calling to sell me health insurance. Somehow the world had gotten turned around. My home phone is now everyone's marketing tool. I assured him I already have all the health insurance I need through my job and that effectively ended the conversation.

Did some tweaking on the story this evening. Not much though. After doing technical writing all day it's hard to switch gears and launch into an exciting fiction narrative. Words become just words without any life. I'll wait for the muse to strike as she does every two or three days and then slash at the keyboard.

It’s a quiet Sunday morning and already getting hot. August heat leaves the overnight temperatures in the low 80’s. The sun is barely opening its eyes before I’m in the yard, letting the hose flood what I jokingly refer to as “the lawn.” I get to watch the world come alive. An owl has come up from the flood plain, gently hooting from some tree. I try to recall if that’s an omen of good or bad fortune. Then I look at my lawn and decide the owl probably dried up my lawn. It’s a damned minor curse from a damned diminutive owl.

I have successfully set up an Insane Journal account and I’m flushed with success, or it’s only my bladder. Another insane week is almost past and my time can become my own. A little relaxin’ and no faxin’. Time to read and do a little writing. To meet with the critique group (that can be good as well as bad). Time to mow the lawn and work all the honey-do’s. Oh well, I talked myself out of a perfectly good weekend.