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Ritsuryō was Rokugani traditional law, which has been passed down for centuries. [1] Law in the Emerald Empire was a code mired in centuries of accretion, precedent, and Imperial fiat. It valued testimony based on status rather than on evidence, meaning that true justice could be hard to come by. [2] It was one of the primary responsibilities of the samurai. [3]

Creation[]

Imperial Law was formulated by the Kami Hantei and thus was perfectly just and without omission. [4]

Precepts[]

The first precept of the Rokugani law was "Meiyo", "honor", which was also a tenet of the Bushidō. The second precept was Jihaku, the principle of confession. Under the law, any Rokugani who confessed a crime, could be condemned and punished, even if no physical evidence could be found tom prove their guilty or even the testimony was given under torture. [5]

Reformation and Codification[]

During the reign of Hantei Genji the Imperial Law was reformed and codified by Doji Hatsuo and Soshi Saibankan because judges around the Empire varied in their ability to apply them. By issuing annotated versions of the original laws, Hatsuo and Saibankan made it possible for magistrates in every part of the Empire to hand down consistent rulings. They also established the Emerald Magistrates, officials with Imperial writs of authority to investigate crimes and pass judgments on criminals. [4]

Law Enforcers[]

The Emperor's laws were collected and enforced by the Emerald Champion. Provincial daimyō appointed special investigators called magistrates to enforce laws and maintain an orderly society within their borders, and were assisted by yoriki (lesser-ranking samurai) and budōka (armed peasant vassals). Imperial crimes were attened by Emerald Magistrates, appointed by the Emerald Champion, and Jade Magistrates, appointed by the Jade Champion. [3]

Judicial Courts[]

Once a magistrate had investigated a crime, assuming they layed formal charges, the matter was referred to a judicial court. Normally, the most senior magistrate available in the jurisdiction in question convened such a court and assumed the position of judge for the duration of the trial. The station of the judge was normally of little consequence, because in most cases, the accused had already confessed by the time the trial was convened. The judge's role was mainly to lend a weight of formal authority to the proceedings and to pronounce sentence. Only in the large cities were permanently established judicial courts.

Layout, Proceedings, and Punishments[]

A court was an open courtyard with an adjacent shaded dais for the presiding judge, the judge's sergeants at arms, and the court scribe who recorded the proceedings. A second, smaller dais for witnesses and their retainers was nearby. The courtyard, called the "white sands of judgment," was a flat area of white sand where the accused kneeled to face the judge. The sand reflected and intensified the heat and light of Lady Sun on the accused, symbolizing the ultimate role of the Heavens in overseeing the court's judgment. The scribe read aloud the crimes of which the defendant was accused, followed by the accused's confession. The judge might question the accused to clarify points in their confession or to learn more about their character and background. The judge might also allow witnesses to present testimony, which might influence the final verdict. Once all of this was complete, the judge would render a verdict and sentence. The judge's decision was final, and the sentence was carried out immediately. If there was doubt as to the accused's guilt, either the wronged party or the accused might challenge the other to a duel. Such a duel was normally to first blood, but in especially grave cases, a duel to the death might be permitted. Minor offenses were punished with an apologization, the restitution to whomever they have wronged, fines, and periods of house arrest. Serious offenses warranted a significant punishment. The punishment for grave offenses was almost always death, by beheading, seppuku, or even a slow, agonizing death by torture. As an alternative to death, a samurai convicted of a grave offense may, instead, be cast out of his or her clan and family, becoming a rōnin. [6]

References

  1. In the Palace of the Emerald Champion
  2. Legend of the Five Rings - Roleplaying, p. 157
  3. 3.0 3.1 Legend of the Five Rings - Roleplaying, p. 9 Cite error: Invalid <ref> tag; name "5E9" defined multiple times with different content
  4. 4.0 4.1 Emerald Empire: The Essential Guide to Rokugan, p. 12
  5. Whispers of Shadow and Steel, by Mari Murdock
  6. Emerald Empire: The Essential Guide to Rokugan, pp. 93-95


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