Essalanean Legal Reform

North Timistania

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Administrative Law:

Essalanea shall adopt a civil law system, Courts within each clan shall be appointed and presided over by legal officials certified by the criteria set forth by the Grand Moot and the High Chief, their areas of authority will concern the following subjects:

*Setting the percentage of profit levied from each clan for payment into the common national fund
*Issues Pertaining to environmental decisions undertaken within the clan commons
*Inspection and certification of Urban structures and Industrial constructions
*Punishment of those who violate Clan Laws
*Immigration and the stripping and granting of Clan Status and rights

All Bondsmen recognized as being members of a legally accepted Clan are henceforth granted the following rights in perpetuity:

*The Right to a fair trial
*The Right to Legal Counsel
*Equal Acess to all the amenities of their clan commons
*The Right to Challenge Legal Decisions within the court of law
*A Right to Legal Certainty

However, the High Chief and Grand Moot may, if it is deemed necessary overrule any of these rights if a council of the accused's clan peers decides it is in the common interest of the clans in their entirety.

Commercial Law:
*All clans are to be considered the sole economic representative and point of contact during commercial dealings either with other clans or Foreign business interests
*Each Clan shall pay a set Levy from all earnings to the National Treasury that is to be decided by the Grand Moot
*Each Clan shall invest profit back into their commons for the benefit and wellbeing of their people
*A Clan may be eligible for financial assistance during times of hardship or following major disaster
*A clan that is deemed commercially unviable will be stripped of its status and amalgamated into a stronger clan if the Grand Moot and High Chief decide such action is necessary
*Bondsmen shall be organized according to skill and task and may seek retraining and new assignments as deemed necessary by the council of their clans
*The entirety of a clan commons belongs to the people and shall be utilized by the clan for the benefit of all
*Individual Enterprise and Currency are incompatible with Collective Capitalism and are forbidden
*Any Bondsman injured or harmed by poor decision making on the part of his clan leadership shall be cared for and provided with medical care or Honorable end to suffering by the clan commons
*Foreign Shipping and Company tariffs are to be paid to the clan in whose land they are situated, A percentage of those tariffs shall be paid to the National Treasury
*Each commons shall fish and harvest sustainably, overfishing or harvesting of the nation's wildlife shall be punishable by Clan Annihilation
*Any Clan manufacturing contract signed with a foreign entity shall be honored with timely completion, repeated failure to effectively deliver shall result in clan dissolution and amalgamation.

Contract Law:
*
Individuals may not form contracts
* All individuals are both provided for and beholden to their clan
*Only a chieftain with the express agreement of his clan moot and Legal acquiescence from the Grand Moot may Sign business contracts with outsiders
*Goods that are stolen, damaged, lost or delivered late shall have their expense covered by the party at fault, in the case of a clan failure to do so may result in dissolution and amalgamation, in the case of foreign entities failing to do so may be punished by a fine or revocation of trading privileges
*Business dealings considered to have national consequences affecting multiple clan domains shall be the primary authority of the High Chief and Grand Moot
*Contracts are to be honored until completion barring circumstances that render such completion untenable, should a clan fail to deliver without valid reason it shall be tried and face potential dissolution and amalgamation
*All Contracts shall be with the Clan and Clan alone

Constitutional Law:
*
Each Clan shall regulate its bondsmen according to the laws of the land, the Chief and local moot shall enforce the law, should the case be deemed of greater interest to national harmony the courts of the Grand Moot shall take jurisdiction.
*Clans shall act in accordance with legal precedent and charter as set forth by the Code of Clan Law
*The Clans shall be governed by their chieftains and moots, they shall, in turn, be governed by the Grand Moot and High Chief
*The High Chief and Grand Moot represent the highest possible authority in the nation
*The rights of the individual shall be protected unless they threaten the nation or the clan in which case they shall be overridden
* A clan that attempts to overstep its established constitutional authority shall be dissolved and amalgamated
*The High Chief and the Grand Moot are the sole authority that Police, Military and State Conclaves shall swear allegiance to
*The High Chief is the supreme authority and may override clan decisions if they are seen to threaten national order
*High Chiefs shall reign until challenged successfully by-election
*Should a Chieftain become incapable they shall be removed from office
*Should a Chieftain be found to be in violation of the laws of the nation they shall be removed from office
*The Grand Moot alone has the authority to investigate and replace a sitting High Chief

Corporate Law:

*Foreign investors and corporate bodies shall abide by Essalanean laws regarding the safety of Essalanean workers and payment of tariff
*Foreign Companies shall respect the sovereign rule of the clans over Essalanea and act within the confines of Clan Law
*Foreign Companies shall deal only with the Clans and if it pertains to national interest the High Chief and Grand Moot
*Foreign Companies shall be protected by law
*Foreign companies who violate established contracts and codes of conduct will be fined and if necessary have commercial licenses revoked and be banished from Essalanea
* All land leased to foreign entities for commercial and industrial purposes remains clan land and shall return to the clan upon conclusion of said lease

Criminal Law:

*The penalty for first-degree murder is to be death by beheading
*Second Degree Murder is to be punished by Mutilation of the offender's hand and forced labor with reduced rights for a period deemed appropriate by the guilty parties clan moot
*Manslaughter shall be punished as Second Degree Murder Minus Mutilation
*Sexual Assault is to be punished by Death by Hanging
*If an individual is found to have committed assault their clan shall pay reparations to the affected clan if it is an internal dispute the clan may opt either to punish the offender with temporary banishment or forced labor with reduced rights for a period of time to be decided by the Clan authority
*Stealing from the Clan commons or hoarding of goods for individual use is punishable by death or if deemed appropriate the stripping of individual clan status and summary exile
*Theft, Robbery and Extortion of goods from the commons shall be punished by Forced Labour with reduced rights for a period deemed appropriate by the offender's clan moot, theft of resources from a foreign entity or different clan shall be punishable by death
*An individual found to be aiding or abetting the crimes of another shall suffer the same punishment
*An individual who kills in self-defense shall suffer no punishment in the court of law if it is ascertained that deceased was acting in aggression
*Traitors to the state shall be executed by hanging or firing squad
*A spouse that assaults their partner shall be stripped of spousal status and sentenced to corporal punishment and forced labor with reduced rights for a period deemed appropriate by the clan Moot of the offender. Following this punishment, they will be exiled from the clan if deemed appropriate.
*An individual who commits perjury shall have their tongue ripped out by hot irons and be exiled
*The Killing of a child shall be punished by Crucifixion
*Cruelty to Animals shall be punished by whipping and Forced Labour for a period deemed appropriate by the moot of the guilty parties' clan
*Attempting to obstruct the course of justice through bribery or other means shall be punished by the burning alive of the offender
*Should a verdict be proven to have been an error of judgment on the part of the state those who gave the verdict shall be punished in a manner decided upon by the clan moot. The accused shall have their sentence commuted and receive an official pardon, should they have died they shall have their status posthumously returned.
*A parent that murders their children shall be burned alive
*A child that murders their parents or another adult of the clan shall be exiled
*Any who would insult Ziu's priests or the god himself shall be thrown from the highest mountain
*Any attempt to injure or kill a chieftain, official or the High Chief shall be punished by being thrown from a mountain
*Corrupt Officials shall be sacrificed upon the altar of Ziu in punishment
*Dueling is to the death is henceforth illegal and may not be used as a means of legal defense
*Dueling to first blood will only be used to vent shared grievance if approved and monitored by a court official, it shall have no bearing on legal decisions
*Use of Drugs or Alcohol shall be legal as long as they do not impede a bondsman's duties to clan and family, should a bondsman be found to have developed an addiction they will be given the chance to seek treatment, should they fail to do so they will be exiled or be allowed an honorable death.

Evidence:

*The conclave of Adjudicators shall enforce Essalanea's law
*Evidence shall be gathered to prove or disprove an accusation and shall be the sole determinant of guilt or innocence
*Witnesses are obligated by law to give testimony and will be punished if found to be bearing false testament.
*Proof must be found to be beyond reasonable doubt
*If Evidence is in any way spoiled or lacking then the case shall be dismissed

Family Law:

On Children


*A Child shall live with their blood parents until old enough to take the trials of maturity
*A Child shall obey their parents unless the parents are found to be in opposition to the wills and desires of the wider clan
*A Child is the sole property of the Clan
*A Child shall inherit the clan name upon a successful ascension into adulthood
*Children whose blood relatives have died may be adopted into another family within the clan
*Any Parents found to have committed child abuse beyond appropriate disciplinary measure shall be punished with Forced Labour and Exile
*Parents found to have neglected a child of the Clan shall be Exiled
*A child is the responsibility of the entire clan and will be granted leniency from most crimes until they reach the age of maturity

Marriage and Partnership Law

*Bondsmen may marry another consenting adult 18 years or older from either gender if both parties agree
*Bondsmen so married may choose either to live together or separately
*A bondsman may have as many sexual partners outside of the marriage structure as they choose and any children produced outside of marriage will be treated as a blessing upon the clan
*A marriage may be annulled at any time by either party
*Any Children present during the dissolution of marriage may choose to remain with either parent or to be fostered to another within the clan

Human Rights:

*A clan bondsman has the right to a fair trial, humane treatment and legal counsel
*Should their human rights threaten the rights of the clan and nation they shall be overridden

Immigration Law:

*Bondsmen may join another clan if they are able to successfully argue that this is an appropriate action to a jury of the Grand Moot
*Foreigners may travel freely in clan territory and have the right to protection
*Foreign citizens must present themselves before the clan authority within the region they are visiting upon arrival
*Foreigners may join a clan if they pass the relevant trials and are accepted by the moot
*Clans shall not trespass in the territories of other clans unless they have consent to do so

Inheritance Law:

*The clan shall provide its people with all that is needed to live
*Nothing is inherited
*Anything a deceased bondsman was provided shall be blessed and returned to the common pool
*A child of a Bondsman who possesses honorable names or Cognomens shall have the right to retain these honors provided they act in accordance with the conduct of their parent

Intellectual Property:

*Intellectual property is the sole possession of the clan and the wider nation
*The Creator shall be recorded in the clan archives and shall always be given credit for the discovery
*However any in the clans may utilize this knowledge provided they give homage to its creator

Labour and Employment Law:

*Each clan is responsible for the maintenance of their commons
*Bondsmen shall work in assigned groups based upon skill and need towards a common goal
*Failure or refusal to work will be punished by Exile
*A clan bondsman will be cared for by the clan if they are injured during the course of work
*workers must be given proper time to rest and engage in normal clan life
*Diets of workers shall be tailored to their employment
*Children are the lifeblood of Essalanea, under no circumstances are they to be used in dangerous labor
*They may, however, be given nonessential, custodial or educational tasks for up to three hours of each day for no more than four days consecutively
*Foreign employers will abide by these considerations or face removal of their license to operate within Essalanea
 
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