Thoughts in Regard to Benitian Jurisprudence

[E.S. Bornatfiglheu]

In my thinking about a justice system for the province, it does dawn on me that the Benitian legal code is fairly small, fairly simple, and that we might best be served in terms of provincial justice by something just a little bit unorthodox.  It is an idea that is worth stealing from Heinlein's "The Moon is a Harsh Mistress."  Essentially, since the lunar colony has few to no laws, their justice system is more of a set of agreed-upon and binding arbitration.  In this case, a person can set themselves up as a judge and people with a grievance can agree to come to them or not. 

I am struck by the idea of a citizen judiciary focused on the application of simple laws and enshrining the concepts of equity and fair play.  There would, of course, be a possibility of appeal (most likely to the national judiciary, with the CpI being the court of final jurisdiction).  What are the thoughts of the citizens here?  Are there any Benitian members of the Royal Bar than might want to weigh in with their thoughts on this?

[Vitxalmour Conductour]

I like it.

[Lüc da Schir]

Great idea. Honestly, I have always thought that a provincial judiciary would be ineffective and pointless, but a recognised judge operating under binding arbitration would be a good lightweight compromise. I'm all for it.

[Txosuè Pologn]

I'm very much in favor of it. Setting up a a large, heavy-weight judiciary would be very ineffective with such a small set of laws. Citizen arbitration makes a lot of sense here.

[E.S. Bornatfiglheu]

The question is, should the judge be required to wear a special hat?

[Iason Bitxichë Taiwos]

Apr 17, 2016 16:38:26 GMT -6 E.S. Bornatfiglheu said:

The question is, should the judge be required to wear a special hat?

Yes. And it will be made of tinfoil.

[E.S. Bornatfiglheu]

I was thinking that.

Though I have also been thinking about the regalia of the Benitian officialdom overall... and methinks that tinfoil would be a good idea.

[Vitxalmour Conductour]

Time to dust off the tin bowler! (Actually, I already did. I donned it to make my NPW shenanigans official.)

[Magniloqueu Épiqeu da Lhiun]

Just a heads-up to Benito that the Provinces of Maritiimi-Maxhestic and the United Provinces of Vuode and Dandenburg are closely watching this step as we are planning to plagiarise adapt your idea of Citizen Arbitration.

[Istefan Perþonest]

I do note that an actual judiciary was established in Benito's laws at some point, though I don't recall the details.

[E.S. Bornatfiglheu]

Apr 18, 2016 13:24:23 GMT -6 Istefan Perþonest said:

I do note that an actual judiciary was established in Benito's laws at some point, though I don't recall the details.

The only thing I can find is the Provincial constitution establishing the CpI as the court of original jurisdiction and reserving the right to create a provincial judiciary.  Do we have a code of statutory law somewhere?  Because, well, that might be useful.

[Istefan Perþonest]

Apr 18, 2016 13:41:41 GMT -6 E.S. Bornatfiglheu said:

Apr 18, 2016 13:24:23 GMT -6 Istefan Perþonest said:

I do note that an actual judiciary was established in Benito's laws at some point, though I don't recall the details.

The only thing I can find is the Provincial constitution establishing the CpI as the court of original jurisdiction and reserving the right to create a provincial judiciary.  Do we have a code of statutory law somewhere?  Because, well, that might be useful.

It was done in a statutory law, yes . . . some point before Reunision.

We don't have the code collected anywhere, which is, yes, very much non-useful. I think some of the acts are at the old Benito web page, while others are in this forum.

[E.S. Bornatfiglheu]

In looking at the page, all I see is the Concstitution, and a search of terms such as "judiciary" in this forum only turn up this and a draft constitution from FM Vurinault around the Mussolini/Benito name change.

So methinks that this is going to be a fairly sizable project, pulling together the "Code Benito" as well as laying the foundations for our provincial judiciary.

[Istefan Perþonest]

The "Lorentzio Commons" there has a "Provincial Hopper" subfolder with what look like laws there. Working out which ones were then passed on this board is a little tricky; I note that (for example ) there's this thread in this forum which mentions voting on and passage of "The Benitian High Court Act" which is more-or-less contemporaneous with the oldest bill in the Hopper, and thus might (but might not) be the same thing.

[Iason Bitxichë Taiwos]

And here I always thought the "Code Benito" was our provincial version of Omertà...