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by The Senate and Freeholders of The Land of the Ephyral. . 128 reads.

Ephyra | Law Wiki | OUT OF DATE

EPHYRA
LAW WIKI



Law in the Freehold



Ephyral Law, or the Freehold Law, is a civil law based system which is typically held in great esteem as part of the traditional virtues of the Freehold, particularly duty and discipline. It can be largely divided into the private and the public sections. The private deals with interactions between people, including property law, civil dispute, and much of criminal law. Family law may also be covered here but the inclusion of the court system is rare in such cases due to the autonomous nature of the family structure. Most cases involving the family involve no authority beyond that of the families and groups concerned. The public deals with the relation between people and the state, such as taxation, the remainder of criminal law, and the rights and duties all citizens of the state have.

These laws are rooted in ancient law codes dating back centuries, from which the rights and duties of citizens today derive, and from which in criminal law, the measure of crimes are weighed by their violation of the public morality as dictated by the tradition of ancestors, and the severity of their punishment also. Whilst over the last century the Freehold has transitioned significantly into a more modern structure of law, including a system of classifying crimes under a certain severity, the old elements are still apparent. These include active and open application of social bias into the rendering of a criminal (or even a civil) verdict, the retaining of severe punishments for certain crimes (many crimes are still punishable by incarceration), and the unwritten code of ancestral custom as the means of dictating severity and social behaviour in civil and criminal cases. It is typically against this code of values and ideals that a crime is weighed and the degree to which the act itself violates them is considered important as to the severity of the crime itself. Because of this, acts that are essentially the same from a legal perspective have significantly different consequences due to the nature of their act in regard to the ancestral custom.

The law of the land is still held with great regard, and its maintenance and longevity is often cited by candidates for election. A promise to safeguard the law of Ephyra from all threats. No other system of law is permitted in Ephyra, and whilst the Freehold does permit in some circumstances certain things that in a legal context might be illegal, this is because of in-depth and complex interactions between Ephyral culture and foreign elements. An example of this is the illegality of having more than one wife, but the legality of polygamy amongst certain religious groups because by legal recognition they are not married, and are only recognised as such by their own faith.

In the Freehold, different courts handle different things. A small level family court does preside but is not called upon often and is therefore considered a last resort court. Civil court exists for disputes of person or property, primarily for that of compensation. It can also exist alongside criminal courts for the acquisition of compensation alongside that of criminal retribution. Criminal courts tend to be ranked by their severity. The High Tribunal of the Freehold is the highest ranking court over which the Archon himself presides. The Archon is the chief magistrate and hears all cases of a capital nature allegedly committed by a citizen. These concern very grave crimes. The Provincial Tribunal is the court presiding over a spat of territory. In the Freehold's primary polity these are routinely presided over by the Praetors but this is not necessary, and other judges may preside. In the provinces, it is the governor of the province who acts as the chief magistrate of a Provincial Court, and who may preside over capital cases not alleged to have been committed by a citizen. The Municipal or Local Tribunal handles affairs at the lower level, and typically does not deal with crimes considered of a 'higher' nature.

Criminal Law



Criminal law in the Freehold of Ephyra manifests as both private and public, whereby private citizens can initiate criminal court proceedings against another individual, or the state can, and this typically depends on the nature of the crime. Criminal law is statutory, and many of the modern codes are rooted in the Code of Zophyros, partially written by the tyrant himself, as well as with learned assistance from neighbouring states. The Code of Zophyros, known also as the Zophyros Tablets, codified the already held sacred ancestral tradition of the Ephyral people into a number of tablets that all could read. In effect, this took the uncodified, time-honoured traditions of the Ephyral that dictated responsibility, virtues, social norms, and rights in everything from the family to the military, and used this quasi-constitution to create the earliest codified set of laws.

Whilst the Zophyros Tablets do not hold absolute authoritative sway over the legal affairs either civil or criminal of the modern Freehold, proposed laws that are regarded as directly counter to the Tablets and therefore to the sacred ancestral tradition are often dismissed on these grounds alone. As a result, modern civil and criminal law differs only slightly from its original code.

Crimes and their punishments are not divided into severity of offence, but following modern re-organisation, active types of offence. The actual severity of any given act is dealt with in the statute that prohibits it, and gives a range of punishments depending on the severity of the offence as judged by the jury present. The range can be broad or narrow, depending on the crime itself. As a great many acts such as murder, rape, theft, and so on were criminalised very early into society, and the rest of the crimes were made such as the situation arose, the modern criminal code of the Freehold is a multi-millennia old consistently evolving list of statutes approved by the Assemblies.

Criminal law also does not directly hold true to the Western idea of beyond reasonable doubt. The evidence necessary for a conviction is usually heavier than for a civil case, in which only monetary compensation is of any real note. However, there is a blur between civil and criminal law because in the nature of familial law, some civil cases may have consequences that could be regarded as punishment as opposed to compensation, whilst criminal acts of a similar nature warrant similar punishment. Because of this, actual division of every act into civil or criminal becomes blurred. Acts like murder and rape are definitively criminal in nature, and civil compensation can be pursued should a criminal trial fail. Meanwhile, acts such as a suit for a damage of property unless endangering life such as arson, can be regarded as civil. However, acts of an especially sexual nature such as seduction and submissive homosexuality become substantially blurred.

Offences against the person

These are offences carried out by one or more persons against one or more persons, in an act deemed in violation of the personal rights of another member of society, typically through force or harm. These are internally but not officially devolved into violent or sexual crimes.

OFFENCE

DESCRIPTION

MINIMUM PUNISHMENT

MAXIMUM PUNISHMENT

Murder of husband by wife

‣ A specific case of murder, classified as more extreme
than civic murder, regarding the deliberate killing of
a man, a household master, by his legal wife

‣ Offender stripped of all civic rights and taken by
husband's family as a slave

‣ Offender executed in amphitheatre

Murder of father by son or daughter

‣ A specific case of murder, classified as more extreme
than civic murder, regarding the deliberate killing of
a man, a household master, by his child

‣ Offender stripped of all civic rights and sold
into slavery by the state

‣ Offender executed in amphitheatre

Sexual abuse of a child

‣ The sexual assault or rape of any boy under the age
of twelve or any girl before her first menstruation

‣ TBA

‣ TBA

First Degree Homicide

‣ Planned and premeditated intentional killing

‣ TBA

‣ TBA

Robbery

DESC

MIN

MAX

Bigamy

DESC

MIN

MAX

Assault

DESC

MIN

MAX

Battery

DESC

MIN

MAX

Fourth Degree Homicide

‣ Unintentional killing through intentional or
negligent action

‣ TBA

‣ TBA

Third Degree Homicide

‣ Intentional killing without plan or premeditation
but identified as crime of passion

‣ TBA

‣ TBA

Second Degree Homicide

‣ Intentional killing without plan or premeditation

‣ TBA

‣ TBA

Sexual Assault

‣ Forced sexual activity not including rape

‣ TBA

‣ TBA

Rape

‣ Forced sexual intercourse against the victim's will

‣ TBA

‣ TBA

Arson resulting in death

‣ Arsonist activity resulting in the death of
an individual

‣ TBA

‣ TBA

CRIME

DESC

MIN

MAX

CRIME

DESC

MIN

MAX

CRIME

DESC

MIN

MAX

CRIME

DESC

MIN

MAX

Offences against property

These are offences carried out by one or more persons against property owned legally by a citizen of the Freehold, owned by a corporation or business entity, or owned by the state / government.

OFFENCE

DESCRIPTION

MINIMUM PUNISHMENT

MAXIMUM PUNISHMENT

CRIME

DESC

MIN

MAX

CRIME

DESC

MIN

MAX

CRIME

DESC

MIN

MAX

CRIME

DESC

MIN

MAX

CRIME

DESC

MIN

MAX

CRIME

DESC

MIN

MAX

CRIME

DESC

MIN

MAX

CRIME

DESC

MIN

MAX

Offences against justice

These are offences carried out by one or more persons against public justice and the justice system.

OFFENCE

DESCRIPTION

MINIMUM PUNISHMENT

MAXIMUM PUNISHMENT

CRIME

DESC

MIN

MAX

CRIME

DESC

MIN

MAX

CRIME

DESC

MIN

MAX

CRIME

DESC

MIN

MAX

CRIME

DESC

MIN

MAX

CRIME

DESC

MIN

MAX

CRIME

DESC

MIN

MAX

CRIME

DESC

MIN

MAX

Offences against public order and morality

These are offences carried out by one or more persons against public order and morality. This category contains crimes that other nations might list as 'victimless', but also ranges between those that can lead to riots as well as those acts simply considered abhorrent for the deed itself.

OFFENCE

DESCRIPTION

MINIMUM PUNISHMENT

MAXIMUM PUNISHMENT

Unlawful assembly

‣ Gathering of three or more persons in union towards common purpose
deemed likely harmful to the public or public peace

‣ TBA

‣ TBA

CRIME

DESC

MIN

MAX

CRIME

DESC

MIN

MAX

CRIME

DESC

MIN

MAX

CRIME

DESC

MIN

MAX

CRIME

DESC

MIN

MAX

CRIME

DESC

MIN

MAX

CRIME

DESC

MIN

MAX

Offences against religion

These are offences carried out by one or more persons against religion of Ephyra.

OFFENCE

DESCRIPTION

MINIMUM PUNISHMENT

MAXIMUM PUNISHMENT

CRIME

DESC

MIN

MAX

CRIME

DESC

MIN

MAX

CRIME

DESC

MIN

MAX

CRIME

DESC

MIN

MAX

CRIME

DESC

MIN

MAX

CRIME

DESC

MIN

MAX

CRIME

DESC

MIN

MAX

CRIME

DESC

MIN

MAX

Offences against the nation

These are offences carried out by one or more persons against the nation and people of Ephyra.

OFFENCE

DESCRIPTION

MINIMUM PUNISHMENT

MAXIMUM PUNISHMENT

Sedition

‣ Agitation or incitement to violently rebel against the Freehold

‣ TBA

‣ TBA

Military Desertion

‣ Abandonment of military duties to the Freehold

‣ TBA

‣ TBA

CRIME

DESC

MIN

MAX

CRIME

DESC

MIN

MAX

CRIME

DESC

MIN

MAX

CRIME

DESC

MIN

MAX

CRIME

DESC

MIN

MAX

CRIME

DESC

MIN

MAX

Insolvency offences

These are offences regarding to the owing and payment of money.

OFFENCE

DESCRIPTION

MINIMUM PUNISHMENT

MAXIMUM PUNISHMENT

Failure to pay debts

‣ Failing to or refusing to pay debts

‣ TBA

‣ TBA

Failure to pay taxes

‣ Failing to or refusing to pay taxes

‣ TBA

‣ TBA

Tax Fraud

‣ Attempting to fraudulently avoid or fake tax payments

‣ TBA

‣ TBA

CRIME

DESC

MIN

MAX

CRIME

DESC

MIN

MAX

CRIME

DESC

MIN

MAX

CRIME

DESC

MIN

MAX

CRIME

DESC

MIN

MAX

Vehicular offences

These are offences related to vehicular property.

OFFENCE

DESCRIPTION

MINIMUM PUNISHMENT

MAXIMUM PUNISHMENT

CRIME

DESC

MIN

MAX

CRIME

DESC

MIN

MAX

CRIME

DESC

MIN

MAX

CRIME

DESC

MIN

MAX

CRIME

DESC

MIN

MAX

CRIME

DESC

MIN

MAX

CRIME

DESC

MIN

MAX

CRIME

DESC

MIN

MAX

Drug-related offences

These are offences related to the ownership, use, carrying, manufacturing, or purchase/selling of items regarded as drugs.

OFFENCE

DESCRIPTION

MINIMUM PUNISHMENT

MAXIMUM PUNISHMENT

Drug Trafficking

‣ Illegal manufacture, distribution, sale, and cultivation
of prohibited drugs

‣ TBA

‣ TBA

CRIME

DESC

MIN

MAX

CRIME

DESC

MIN

MAX

CRIME

DESC

MIN

MAX

CRIME

DESC

MIN

MAX

CRIME

DESC

MIN

MAX

CRIME

DESC

MIN

MAX

CRIME

DESC

MIN

MAX

Weapon-related offences

These are offences related to the ownership, use, carrying, manufacturing, or purchase/selling of items deemed purposed for weaponry.

OFFENCE

DESCRIPTION

MINIMUM PUNISHMENT

MAXIMUM PUNISHMENT

CRIME

DESC

MIN

MAX

CRIME

DESC

MIN

MAX

CRIME

DESC

MIN

MAX

CRIME

DESC

MIN

MAX

CRIME

DESC

MIN

MAX

CRIME

DESC

MIN

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CRIME

DESC

MIN

MAX

CRIME

DESC

MIN

MAX

Inchoate offences

These are offences deemed either in attempt, such as incitement or conspiracy, or a failure to fully complete a crime that otherwise would be classified in the above divisions.

OFFENCE

DESCRIPTION

MINIMUM PUNISHMENT

MAXIMUM PUNISHMENT

CRIME

DESC

MIN

MAX

CRIME

DESC

MIN

MAX

CRIME

DESC

MIN

MAX

CRIME

DESC

MIN

MAX

CRIME

DESC

MIN

MAX

CRIME

DESC

MIN

MAX

CRIME

DESC

MIN

MAX

CRIME

DESC

MIN

MAX

Punishment

The Freehold employs a multitude of punishments for those breaking the law of the Freehold, as well as consequences for those who are declared at fault in civil law cases outside of mere financial compensation. Severity is based upon the crime committed and its own internal measure of severity. Base punishments such as fines are not covered here due to their wider sense of applicable use in civil law. The majority of Ephyral punishments are drawn from the laws of the tyranny, and are deemed appropriate.

The punishments of Ephyra are reflective of the tyranny, and are less severe or more severe depending on the status of the offender and the victim. Women are on average given shorter sentences in prison, as well as fewer lashes for their offences. Crimes committed against citizens are more severe than those against non-citizens, and crimes against women are sometimes also treated more severely.

PUNISHMENT

DESCRIPTION

VARIABLE

Fine

Offender stripped of financial assets for financial punishment

‣ Amount varies by crime and number of offences

‣ Fines typically not levied on higher crimes as opposed to lesser

‣ Failure to pay state fines through finance met with seizure of property of appropriate value

‣ Lack of adequate property results in sentence of temporary state servitude

Scourging

Offender tied to a flogging post and whipped for a court determined amount of lashes

‣ Not applied to those with full civic rights

Incarceration

Offender imprisoned for a court determined length of time

-

Castration

Offender (male) subjected to removal of genitalia

-

Enslavement

Offender formally stripped of rights and legally declared a slave

‣ Those found by court to be owing money that do not pay within
thirty days may be taken as a slave by their creditor

‣ The state may temporarily enslave those unable to pay a fine until justice is deemed done

‣ Slaves are not protected by these laws

Execution by arena

Offender condemned to death in the arenas of the Freehold by way of public execution

‣ Typically used to execute citizens guilty of
most capital crimes

Execution by crucifixion

Offender tied naked to a cross and left to die

‣ Recently reintroduced execution for the most severe capital crimes

Execution by entombment

Offender executed by entombing alive

‣ Used solely to punish Virgins of Lysharar who violate their vows

Infamy

Offender receives legal suspension of civil rights temporarily, permanently, or until certain reparations are made.

‣ Inheritable, and often used as a means to remove the civic rights of men and women who commit acts deemed in violation of civic expectation, mainly of a sexual nature. It can also be issued in civil courts, namely with regards to divorce by fault.

Rights



Alongside simple adherence to rule of law and punishment of criminals, Ephyral law also covers the concepts of rights, and the legal standing of individuals by their status and class in society, and therefore the rights they hold. These go beyond the rights of speech and assembly and thought, as all of these things are in abundance (though public assembly must be permitted first, otherwise it shall be branded an illegal gathering). Short of calling for the death of an individual or group, or explicitly demanding violence or violent force to be used against an individual or group, speech levied in the four dialects of Selia are as held sacred and noble words.

Citizenship

Citizenship of the Freehold is more accurately citizenship to the city of Ephyra, and the state it controls (i.e, the whole territory recognised as sovereign Ephyral land), and it is the right to have rights. Citizenship is inherited through parents of citizenship, or is conferred upon an individual or community by the state. It is viewed as a privilege, not a right, and may be limited or retracted as per certain offences.

There are different degrees of citizenship. Full citizenship is the highest and divided into two parts. The rights shared by both parts are a complete access to all legal rights and protections, the division is in political rights. One may vote, and the other may not. In the case of the Freehold, this is a sex divide. Boys born to full citizen parents will inherit the father's right to vote when he comes of age, the daughter inherits the mother's lack of right to vote. This also extends to running for political office. However, given the elevated nature of full citizenship itself, Ephyral women are held in significant esteem for their position of true and noble daughters of Ephyra, matrons, wives, and mothers. They are permitted the right to own property in their own name, engage in business, obtain divorces, as well as engage financially in public life if of affluent standing. Domestically however Ephyral women are expected to abide by the right of the patriarch, though the constraints of obedience become less when married.

Full citizens further had the right to be tried for treason in Ephyra itself, are defended against state corporal punishment and crucifixion.

The Lykosian Rights are a form of devolved citizenship created after the foundation of the Freehold, to apply to those in Lykosia that were not direct citizens of the city. However as the Freehold expanded militarily, the concept expanded outwards also, and now applies to peoples whom are given legal protections and rights in reward for services rendered to the state, but without promotion to full Ephyral citizenship. Men holding the Lykosian Rights cannot vote (outside of their own municipium), or hold office. Those of the Lykosian Right have the ability to enter into legal contracts and business, and the right to marry via Ephyral custom. Women therefore of the Lykosian Right status will become full Ephyral citizens if married to a full citizen man, but as she was not born such, she stands to lose that status should a divorce occur.

The Lykosian Rights are conferred unto immigrants who are permanent residents for two years, which opens the doors to the remaining path of full citizenship. Holding the Lykosian Rights however does not protect one from corporal punishment or crucifixion, may be lost through criminal acts, and are (like full citizenship) a privilege that confers rights, not a right unto itself. Children of Lykosian Rights holders inherit this position. This status also comes with obligations to the state as expected of regular citizens, and is designed to better integrate non-Selians into the Freehold before full citizenship is conferred. Males of the Lykosian Rights for example are expected to answer the summons of national service. Further voluntary service in the military can be a means of obtaining full citizenship for him and his dependents.

Provincials are legally recognised residents of the state of Ephyra, typically born into it or conquered, and tend to be of equivalent status with non-integrated migrants. They have basic rights but these do not include voting, property, marriage, or extended legal protections.

Voting and Office

Voting in the Freehold is a right held by adult male full citizens with property value of a minimum of ten thousand gold honours. To run for office requires five years voluntary military service beyond national service, to have three generations of full Ephyral citizenship as ones ancestry, and a minimum of five hundred thousand gold honours as property value, making running for office rather exclusive. However the exclusivity of voting itself rather paints over this. Voting is considered a privilege and an exercise of power, so to run for office itself must necessarily be of stricter rules.

Whilst voting isn't mandatory, political apathy is held in contempt by many citizens. Even women, who do not vote or run for office, are permitted political views and thoughts, though this should not be the focus of their attentions. Women of the aristocracy however can delegate many of their duties to servants or slaves, and spend more time than most invested in politics. In fact, a lack of interest in voting is cause for greater ostracism than being on the opposite side of a partisan issue. One who declares no opinion on a subject is of less social worth than two who disagree. This is because voting is an exercise of power, and a refusal to do so is a misplacement or an abuse. If one refuses to exercise his right and privilege to vote, secured by his ancestors, then why should he have it at all?

Voting is organised by geographic blocs but in a direct fashion. Representatives are not elected. Every three full years, the people of the Freehold gather and vote, and the results are what they are.

Marriage

A legal marriage in the Freehold is in actuality hard to pin down. It is done ritually, with little official oversight, with divorce organised just as readily. However, to actually engage in it, one must have the Lykosian Right at the least. Whilst non-citizens and even citizens may marry via other rites, such as Christian, Muslim, or Jewish, these aren't considered legally binding. Legal marriage confers on it certain social duties and expectations, as well as an ideal of integration. Citizens who are Christian for example may therefore have an Ephyral celebration of marriage to legalise it, and then engage in their own Christian ceremony before their God.

However, as Christian, Muslim, and Jewish marriage itself is not legally binding, the legal rules of marriage do not apply. A citizen of the Freehold may only have one wife at a time. Islam most notably permits several, but if a man marries them by the Islamic means, then no law is broken because the law recognises none of these women as his wives. This deliberate blindness to other forms of marriage has served in the interest of preventing dissent.

Marriage has also served as a tool of politics and legality. Marriages between citizens are arranged as often for convenience as for actual desire. It is not unknown for prominent statesmen or other figures of note to propose marriage to a woman they have just met, and for it to be accepted because of the mutual benefit. Woman of the Lykosian Right may also seek marriage to a full citizen as a means of securing full citizenship as a woman, though as this would hinder her childrens' and grandchildrens' chance of standing for political office, this is especially rare in higher classes. For such wives there is also increased pressure of conformity to expected values, as divorce can result in the revocation of her full citizenship. In essence, this means that despite sharing the same social class as a citizen-born woman of the Freehold, her lack of citizen birth would render her socially inferior as a wife. The grounds for which she may divorce become narrowed only to those that would preserve her honour and integrity, whilst this is not true of citizen-born women.

Non-citizens such as permanent resident or temporary immigrants, tourists, or provincials, have no right to engage in marriage with any person of citizenship or the Lykosian
Right. Any such attempt is not legally recognised, and the use of deception to achieve it is a criminal offence.

Authority of the Father

The family patriarch, or the kema, is a social and legal position in the Ephyral hierarchy, especially within the family unit as the person to whom others are dependent upon and subordinate to. The power of such a figure is both granted and moderated by the tradition of the Ephyral state, investing in the figure some considerable power and influence over the autonomous social unit of his extended family, with varying levels of authority over his wife, children, slaves, freedmen from his family, and clients, as well as other relatives. By the same traditional power, his authority is moderated, his duties and expectations to his family made clear, expected values to embody are presented as obvious, and the failure to abide by these traditions is regarded as a failure to possess the authority. This typically may result in divorce from his wife, severing his authority over her, and numerous and varying other consequences.

To hold this social position with its inherent prestige, one must be a full citizen of the Ephyral state. Whilst patriarchs in the Lykosian Rights and the provincial areas are recognised as such by custom the position is nowhere near as prestigious. A man whom commands his family as a non-citizen will never be as highly regarded as one who does do as a full citizen. His duty to his family is that to father and raise healthy children as future citizens of Ephyra; his sons to follow in his path, defend their nation, influence its future, and produce families of their own, and his daughters to become wives to men of their generation, and mothers to the children of the next. He must maintain the moral standing of his household, and it's financial status. He has traditional obligations to honour his clan, all household gods, and the state as a whole. The power of this figure is legal but distinct from the actual legal system of the state. The patriarch cannot enforce something that the state itself prohibits.

Whilst in different states in Selia, the power a patriarch exerted over his wife may have depended on the type of marriage custom prevalent, in Ephyra, the fact that the woman remains first and foremost a part of her own family, and a part of his secondly, limits the authority which he may extend over her. Children by contrast are considered part of his property, and whilst they do have legal protections from his demands in certain respects, his wife is far more independent. However there is of course social expectation upon the wife, and whilst she has every freedom to make her voice known on a subject (though the level to which this is appropriate depends entirely on the topic at hand), society expects her to defer to her husband's judgement. In part of maintaining a moral household, he does have a social duty to ensure his wife is of upstanding moral character, to the extent tradition in society requires.

Over his children, far greater influence is present. It is the duty of the father to provide for the daughter a husband of moral virtue and character. She is not however by law compelled to accept his choice. Social pressure however can of course influence her compliance in any case. Indeed, a daughter also has the right to name her own desired suitor, though this is less desirable as it increases the risk of pre-marriage sexual activity, resulting in a daughter's loss of virginity and moral virtue. However, the father in turn does not have to accept her choice, though repeated refusal of her listed suitors would demand an explanation to his familial peers. Due to the nature of marriage, his daughter will always remain so even into marriage, thus whilst a woman may become freer in marriage than as a child, she may depend on her father's protection in a marriage that goes poorly.

When a daughter reaches the age of twenty-two and is yet unwed, she loses the right to reject a match her father designates. Social views of marriage are already that of a social and political connection, not one born of love or affection. Love and affection are thought to be the product of marriage, not the prerequisite, so this arrangement causes few issues in the actual interests of a father and a daughter, because she has been raised to view marriage in much the same way he has. She will value a presented suitor as he intends her to, on the benefit it brings to her and the security of her as a wife and future mother, rather than simply the ability to love him. A sister whom is beholden to a brother in household, due to a deceased father, is held by the same law and authority, and he has the obligation to provide suitors for her, and to arrange a marriage should she reach twenty-two and be unwed.

Sons achieve similar independence from their father upon the foundation of their own household. Whilst they can then exercise their own patriarchal authority upon their own family, they remain in the power structure of their own father. This can create a wide-reaching network of patriarchs who are connected to one another, typically within clans but also between them, and these tend to act as a man's peers. Proper social connections may bring benefit to certain families, and some patriarchs may be patrons to others, with mutual assistance of different kinds.

These patriarchs, if themselves upstanding moral citizens, embodying the virtues of manhood, with a strong and morally acceptable household with a dutiful wife, ascendant sons, and chaste daughters, are socially regarded in their communities and networks as great men, the type of men whom are fit to lead the Freehold.

Unlike how it applies in state law, a father may utilise corporal punishment against members of his household, but to a varying and dependent degree. As his social role is of course to keep his household strong and moral, this requires both reward and punishment incentives. The striking of a child is an acceptable form of discipline, carried out by open hand or cane, but never a whip or a closed fist. Freedmen under his household, as well as slaves, may however be whipped. His clients may not be, but they may not be caned either, and the premise for striking them at all is of little significance. The risk of losing patronage typically keeps such individuals in line. Upon his wife, only an open hand is accepted, though the use of such punishment must be exercised with extreme caution, as her family shall not typically tolerate her abuse at his hand. Upon other women of the household, such as a sister, punishment may be utilised with less need for caution, though still abiding by the traditions of their state.

However a man who must routinely enforce these punishments quickly earns a reputation as a man who controls no family at all, and thus the actual exercise of such punishments in long-lasting households is significantly rarer than in newly formed and unstable ones.

Punishment

The type of punishment one may receive by law is dependent upon one's status. Full Ephyral citizens may not be subjected by court order to flogging, or any other kind of corporal punishment, they may not be crucified, their capital trials may take place before the Archon himself in the capital. Those men of the Lykosian Rights, citizens declared to be of social infamy by convention, freedmen, provincials, and foreign residents, may however be subject to corporal punishment for certain crimes, and have no guarantee of trial before the Archon in the capital. They are eligible to be crucified for the most repulsive crimes. Women of these ranks may be given more lenient sentences, as are children above the age of eight. The parents of children younger than eight who commit crimes must serve some penalty themselves.

Punishments in the state of Ephyra are known to be harsh, as they serve several purposes. Deterrent, primarily on the convict, but also to others. To physically punish the criminal for their misdeed. To exercise and demonstrate the strength of law over crime.

As outlined in the authority of the father section, there is a difference in application between the state and the household.

Rights of Women

TBA

Slavery

Under Ephyral law, those held in property are slaves and have no rights beyond those that their master wishes to bestow to them, but may be withdrawn at any time. A slave is legally regarded as any man, woman, or child, recognised as part of the legal property of any free man of the Freehold, who was acquired through taxed purchase, acquired from birth by a slave mother, acquired in reparations for failed debt payments, or acquired as legitimate spoils of war in a military campaign.

Many freeholders of freeholder third class or wealthier often have a single, or maybe two domestic household slaves, whilst poorer families typically are unable to afford them. Officially classed as part of the assets of their master, they are at the complete disposal of their master. A slave might be sold on a whim, assuming a legitimate buyer is found and the appropriate tax levied, traded for another slave with further payment to account for worth disparity if such is agreed, a slave might be utilised for the sexual pleasure of his or her master, or anyone to whom the master decrees, and the slave might be killed for offences rendered.

Ultimately the fate of the slave lies entirely with their master. With debt bondage, where the debtor is legally forced into slavery, distinction is made from indentured servitude, where those in debt engage in manual labour akin to slavery to pay off those debts. Whilst those in debt bondage are entirely at the whim of their master, as the killing of a debt slave is valid so long as the debt is then considered paid, those in indentured servitude have contract-conditional rights. For pragmatic reasons, indentured servitude is routinely considered slavery.

Killing, raping, or maiming a slave is considered only a crime if the master of the slave sues for damages. To this end slaves can be insured against damage like any other property, but this insurance does not cover harm delivered by the owner, and attempting to commit fraud by damaging an insured slave to cash in is a criminal act.

Legal terminology



There are a number of legal terms and principles that are of major significance in Ephyral law.

Sacrosanctity

To be sacrosanct is to hold an office or position which grants the holder physical inviolability. It is not just a crime by law to harm them but a crime against the gods. This can also apply to property. For example, all temples are considered sacrosanct, as are the highest priests of the religion. The Senate house too is considered sacrosanct. However, two positions above all convey the highest importance of sacrosanctity. These are the Archons, and the tribunes.

Archons are more accurately compared to kings than presidents. Though elected, the authority they convey is that of the kings of Ephyra. Proles are expected to prostrate themselves at the feet of an Archon. Archons are almost venerated, commanding respect and loyalty, at least from their political faction. Tribunes are officials elected annually to represent the voice of citizens in the Senate, and a tribune might veto a motion proposed that would appear to harm the interests of the citizens.

The act of violating sacrosanctity makes one a religious criminal, accursed. They have harmed the gods, and the very state, in an act considered a form of treason. The only recourse is to put them to death. This is usually done via legal channels, however if one were to assault an Archon, and become therefore in violation of sacrosanctity, and was immediately struck down dead by another citizen, that citizen would face no punishment, and might instead be commended.

Contrary to beliefs, the Virgins of Lysharar are not sacrosanct. Though defiling one is a religious crime punishable by death, consensual act by the Virgin mandates she dies too.

Infamy

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