Legal Principles
(Excerpts from the Scrolls of Luther printed with the  permission)
 
"Too, I considered the nature of legalities. One tends, if naïve, to think of those legalities with which one is most familiar as being somehow the only ones possible. This view, of course, is quite mistaken. This is not to deny that all civilizations, and cultures, have their own customs and legalities. It is only to remark that they need not be the same. Indeed, the legalities with which I was most familiar, as they stood in contradiction to nature, constituted, I supposed, in their way, an aberration of legalities. They were, at the least, uncharacteristic of most cultures, and historically atypical. To be sure, if the intent is to contradict nature rather than fulfill her, there was doubtless much point to them. Thusly, that they produced human pain and social chaos, with all the miseries attendant thereupon, would not be seen as an objection to them but rather as the predictable result of their excellence in the light of their objectives. But not all legalities, of course, need have such objectives. As I lay there in the darkness, in my chains, and considered the factuality and simplicity of my predicament, and the apparently practical and routine aspects of my helplessness and incarceration, I suspected that my current situation was not at all likely to be in violation of legalities. Rather I suspected it was in full and conscious accord with them. I suspected that I was now, or soon would be, enmeshed in legalities. To be sure, these would be different legalities from those with which I was most familiar. These would be, I suspected, legalities founded not on politics, but biology."  ---Witness of Gor, p.9

Legal Systems

There are two primary legal systems in the cities of Gor, that of the civil government and that of the Initiate Caste. The areas of jurisdiction of these two different systems is sometimes vague though the Initiates do claim supreme authority in all matters. But, the amount of actual involvement of the Initiates in each city will vary depending on the Caste's power in that specific city. They obviously have a stronger hold in some areas than others. For the most part, they will definitely claim jurisdiction in any religious related matter. They will often ignore petty civil matters that they feel are beneath their worry. The strength of the civil government, and their concern about specific matters, will also affect jurisdictional matters.

Each of these two court systems will possess their own buildings to handle their legal matters. For the civil government, many of their legal offices will be located within the vast Central Cylinder, which is commonly the seat of government. There might also be a Cylinder of Justice where trials and punishments are conducted. Atop some such Cylinders, such as in the city of Ar, there will be a large impaling spike. It is a functional spike, used for actual impalements. A city might also have a Cylinder of Documents where legal and official documents are securely stored. The Initiates are likely to have most of their legal offices in their temples.

Within a city, the type of ruler will determine who is the ultimate law maker. The dictatorial forms, such as a Ubar, Ubara and Tatrix, possess the power to change any law by simple decree. An Administrator though does not have such absolute power. Instead, he must work closely with the High Council of the city to get laws passed. Despite their power though, the Ubar, Ubara and Tatrix are still subject to their own laws. If they violate a law, they cannot then retroactively change it to avoid the violation. Talena, Ubara of Ar in Magicians of Gor, tried to do that exact thing when she fell afoul of the couching law of Ar. But, even though she was Ubara, she could not retroactively change the law to avoid committing such a violation.

Within a city, you are most likely to encounter the legal officials of the civil government, no matter what type of ruler is in control. These legal officials are commonly referred to as magistrates and there are a variety of different types of magistrates. As legal matters apparently fall under the purview of the Scribe Caste, most magistrates likely belong to the Scribe Caste. For example, attorneys are a subcaste of the Scribe's Caste. Magistrates often wear special robes and fillets, ribbons, to denote their office. They may also carry a wand of their office and some of those wands may carry concealed blades. Magistrates are able to act as ex officio witnesses who can certify the legality of certain matters. They also can rule in certain legal matters without the need for a trial.

Some of the different types of magistrates known to exist on Gor include aediles, archons, praetors, prefects and quaestors. These terms are derived from ancient Greek or Roman terms that they used for magistrates and other officials. Executioners on Gor are also a type of magistrate. The exact duties of each type of magistrate on Gor is very unclear as the books provide little explanation or detail. Some brief details are provided, but insufficient to determine whether such details are the extent of the duties of the magistrates.

For example, an individual known as the "records officer" is also called the "archon" of records thus indicating that an archon is a type of officer. An archon, with an office in Venna, tried to identify the owners of slaves that were lost or had run away. The slaves would be displayed in the office and if the owners could not be located, the slaves would be auctioned. A prefect was seen certifying documents with a seal, like a notary. He also was able to enact a legal enslavement, pronouncing that a female debtor was a slave because she could not pay her debts. There was a commercial praetor who possessed jurisdiction over the business court, subject ultimately to the High Council. This praetor was able to attest to a ransom payment for a free woman.

Most Gorean law is municipal law, restricted to each individual city. But, there is one type of law that does extend coverage over the various cities of Gor. This is Merchant Law, a joint legal agreement between the various Merchant Castes of different cities. Merchant Law permits commerce to exist much more easily on Gor. The books do not provide a comprehensive description of everything covered under Merchant Law though some provisions are given. But, Merchant law does not cover all aspects of commerce. There are gaps in that law, though efforts are made to close those gaps. Aspects of Merchant Law are most often decided at the Sardar Fairs, when Merchants from all over Gor meet to discuss such issues.To administer and enforce Merchant law, there are specific Merchant magistrates. These magistrates belong to the Merchant Caste and not the Scribe Caste. They are separate from the

other magistrates. Merchant magistrates wear white robes, trimmed with gold and purple. They too have the power to make some legal decisions without the need for a formal trial.

There are few details provided on Gorean trial procedures. Criminal defendants can be treated quite harshly. Prisoners, of either gender, are rarely pampered. They are often kept naked in their cells and denied even the availability of a bath. It is unknown whether bail exists or not. From the scant information in the books on trials, it seems a person is presumed innocent until found guilty. It does not seem that the accused must prove his innocence but rather that the state must prove his guilt. This is only speculation though. Certain crimes are described as felonies so there are likely misdemeanors as well, though the difference between the two is not given and few crimes are specifically delineated as one or the other.

There are magistrate hearings and jury trials. The books do not clarify which crimes can be handled by which judicial method. There is no indication on what type of crimes warrant a jury trial. In the few magistrate hearings that are described in the books, they are often quick matters. Though these hearings usually deal with quite clear cut matters, with little room for ambiguity. There also does not appear to be any appeal from the decision of these magistrates as sentence is often enacted immediately after a decision is made. We do know that a defendant can acquire immunity from prosecution if they provide assistance in the prosecution of someone else.

"More broadly, order and structure in human life, stability in society, even, in a sense, civilization itself, depends on sanctions. A civilization must be willing to impose sanctions, and to impose them reliably and efficiently. A lapse in such resolve and practice is a symptom of decline, even of impending disintegration. Ultimately civilization depends upon power, moral and physical, upon, so to speak, the will of masters and the reality of the whip and sword."
---Magicians of Gor, p.124

Punishments for the violation of Gorean law can be quite severe. Capital punishment is common for a wide variety of offenses and some of those offenses are not what many on Earth would consider serious crimes. Mutilation, enslavement and exile are other common punishments. For particularly heinous offenses, torture may precede death. There are some lesser penalties as well, such as fines.

Impalement is a common method of capital punishment for both free men and women. Men would be bound but women are usually just set upon the spear. It is not necessary to bind them as they cannot reach the spear or get the leverage to remove themselves. Such a fate is a slow death, giving people the time to consider and be remorseful for their crimes. Slaves though are not commonly impaled. They would be far more likely just tossed to a sleen. But, there are offenses where impalement of a slave does occur.

In the northern forests, hanging and hamstringing are common punishments. When a person is hamstrung, the two large tendons behind each knee are cut. The legs may then no longer be contracted and become basically useless. You can't even stand erect anymore. Such individuals often end up as pitiful beggars, pulling themselves along with their hands and arms.

The Frame of Humiliation is a unique punishment. The Frame is a hollow wooden frame to which a condemned person is tied. He is then set adrift on the Vosk River and the frame will float atop the water. The person might then die of exposure, dehydration, or be eaten by tharlarion or other carnivorous reptiles. Custom dictates that the person placed onto the frame is to be spit upon before being placed into the water. Other cities and areas have their own unique punishments as well

"Before the sword," he said, "there is no right, no wrong, only fact-a world of what is and what is not, rather than a world of what should be and what should not be. There is no justice until the sword creates it, establishes it, guarantees it, gives it substance and significance." He lifted the weapon, wielding the heavy metal blade as though it were a straw. "First the sword-" he said, "then government-then law-then justice."
---Tarnsman of Gor, p.156

The following laws, legal principles, rights and rites exist in various Gorean cities, some being quite common across Gor. But, this is by far not an exhaustive list but only a sampling of relevant ones listed in the books. Please remember that not all of these will be in force in every city. Cities will certainly have other laws that are not listed here. As ignorance of the law was often not considered a viable defense, it was imperative that Goreans be aware of the laws in each city they visited.