Derby Lecture Series

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Derby Lecture Series

The Derby Lecture Series (DLS), sponsored by the Derby Hospitallers, is part of the Eastern Federation's ongoing effort to bring civilization to Shartak in general and Derby in particular. The DLS brings speakers from across the island to speak on topics for the education of Derby's populace. Should you wish to speak, contact Black Joe on the official forums, or James Barnes on any other forum.

Schedule

May 4

  • "Law and Order: The Case for Codified Law in Derby"
    • Speaker: Derby Hospitaller Tribune James Barnes

May 15

Transcripts

Ladies and gentlemen,

For far too long, Shartak has been a lawless land. Oh, certainly, there are vigilantes that patrol towns for signs of murder or other crimes, but there are persistent accusations of arbitrary enforcement and abuse of power. These accusations are correct.

Why do I say this? I will cover both accusations in detail, and then I will detail the solution I propose.

First, there is the problem of arbitrary enforcement. Law enforcement requires that the norms of society be codified and that they be enforced in a fair and unbiased manner. Good people of Shartak, we have no laws! Oh, certainly, we have standards regarding certain things. The dark art of zerging is frowned upon, and outsiders killing outsiders in anything but self-defense is similarly frowned upon.

However, in practice, these definitions are far less clear than they seem. If two clans are at war, and the war ends, is interclan killing still acceptable? If someone is fomenting unrest, and that person is killed, is it justified? Each clan has different standards on this, and disagreements are a frequent cause of discord.

The other problem is abuse of power. Is murder still murder if it is committed by a policeman? Who decides what proper punishment is?

The solution to the second is easy enough. We Derbians already have a court system in place. However, for the first problem, that of arbitrary enforcement, I propose that we, as Derbians formulate our own code of laws. Those laws will be advertised to Derby, and then they will be voted on. If they pass, we will consider them the laws of Derby. If they fail, then it is back to the drawing board.

Perhaps you are asking what justification I have for suggesting a code of laws. I would like to point out several philosophers who would support this.

Isidore is quoted in the Decretum as saying, "Law is an ordination of the people which is sanctioned by the elders and approved by the people." People of Derby, WE are the elders of this community! By being present, you have shown your interest in this, and that makes your input worthy of attention.

Similarly, Isidore said that it must be approved by the people. Therefore, I suggest that we put this to a vote. We will post our suggested laws in a public place, so that all can see them.

Then, the people of Derby can choose for themselves how they feel. We will advertise it in the medical, trader, and ammo huts to encourage voter participation.

However, there is more support. St. Thomas Aquinas, in his work "Politics and Law" stated that there are two entities with the power to make law. Those with the power to punish, and the community as a whole. By involving the Eastern Federation, the only body organized adequately to punish criminals, we fulfill the former requirement. By involving the people of Derby, we fulfill the requirement for the community as a whole to participate.

By publicizing it, we will fulfill another of Aquinas' requirements of law: that of promulgation. If the people are not made aware of Derby's laws, they cannot be expected to follow them. By codifying and promulgating the laws, we both remove the arbitrary nature of the enforcement, and we remove the excuse of ignorance.

This still leaves the question of what we will outlaw. Again, I return to Aquinas. He said that the law should not cover all evils for, by doing so, it will forbid much good. Additionally, we can not know the internal workings of men's minds. We must therefore pursue only the worst criminals guilty of the worst crimes.

However, I disagree with Aquinas on one point. He was of the opinion that the ruler is above the law. I disagree. No one can be above Derby's law. Not its police force, not its defenders, not me, not you.

People of Derby, what do you say?