The 5th Empire - Law

From an early age, we are introduced to rules and regulations. At home, we learn to behave. At school, there are all sorts of rules. Public spaces have their rules too. If we misbehave, we get reprimanded. We get kicked out or isolated. Resisting will generally make things worse.
Interestingly, these rules are rarely written down. They are based almost entirely on a general sense of what constitutes acceptable behaviour.

This is in stark contrast to the laws of the land which are so numerous and complicated that not even experts know them all. However, there is no reason to have more than a single overarching principle. Everything else can be dealt with through arbitration based on custom and culture. House rules are an example of this.

House rules are by far the most commonly encountered laws. They are based on property. Whoever controls a property sets the rules. For instance, a bus driver is free to kick out an unruly passenger. The driver may not own the bus. However, he controls it and is therefore the one setting the rules. If he deems a passenger distracting or in other ways undesirable, he is free to kick that passenger out.

The same goes for public spaces like malls, theatres and restaurants. It also applies to private spaces. We are free to expel guests from our home for whatever reason we please. If we dislike what they are doing or saying, we can show them the door. However, we are not free to do so in any arbitrary manner. We cannot break someone's arm or otherwise hurt people unless they puts up a fight. We have to be reasonable in our actions.

This is where arbitration comes in. It is not always clear what constitutes reasonable behaviour. A bus passenger may find himself unfairly treated by an overly bossy driver. The first place to go for grievances in this case is the bus company. The owners may agree with the passenger. The driver was unreasonable. Compensation will then be made to the wrongly treated passenger, and the driver may be reprimanded or fired. Otherwise, rumours will spread, hurting the bus company's reputation and business.

Other places to go with grievances are insurance companies. This is where we go when we find ourselves part in a car accident. It may not be clear who was at fault. Insurance companies will then investigate and arbitrate. If insurance companies are unable to settle a case, they elect a third party arbitrator. They argue their cases and settle on whatever the arbitrator finds reasonable.

Nowhere in any of this are state laws necessary. However, they are frequently used as bargaining chips. There is always the threat of state interference. But nothing would be lost if the state was completely removed from this. The 5th Empire is no more a place of lawlessness than any other place. The state is not required for law and order.

This holds for criminal law as well. It is very much in the interest of insurance companies that law and order is upheld. They are therefore willing to pay security companies to keep criminals at bay.
Security companies will arrest and incarcerate suspected criminals. However, the incarceration of suspects is a cost to these companies so it is in their interest to have criminal proceedings as soon as possible. Arbitrators are called upon to figure out what happened and suggest reasonable fines or punishments.

There is also the issue of reputation. A security company that acts in a needlessly heavy handed manner, or keeps people locked up for no good reason, will soon find itself up against all sorts of criticism. Insurance companies and private individuals will refrain from using such companies. Being reasonable in their actions is therefore of utmost importance.

The same goes for arbitration. Good arbitration produces rulings that are perceived as just by the majority of a population. This in turn is determined by culture, customs and tradition.

An arbitrator that goes against social norms will not stay in business for long. Arbitrators must be perceived as just by both parties. Insurance companies that disagree on a case have to agree on what arbitrator to use. An arbitrator that is known to have unconventional views will not be chosen. The same goes for arbitrators taking bribes to favour one side over another. Corrupt arbitrators will find themselves shunned and out of a job.

No-one can drag anyone to court without clear evidence of a crime. However, this does not mean that a plaintiff can get no ruling without the consent of the culprit. Arbitrators can look at a case presented by an individual and give their opinion. A security company can then be contacted for the purpose of executing the suggested line of actions.

This means that individuals who refuse to cooperate with arbitrators may nevertheless find themselves faced with security agents knocking at their door, or even breaking into their house in order to retrieve stolen goods or save a mistreated child.

The 5th Empire does not have laws and regulations in the thousands. It is ruled by private arbitration based on cultural norms. Most arbitrators will keep a record of prior cases. They may also condense cases into laws that people can read and study. But there is no obligation for anyone to follow any of these laws. It is entirely up to us to choose which rules to follow and which ones to ignore. However, this does not mean that we can do whatever we please. If we misbehave, others will seek retribution. If we act in a dangerous and unhinged manner, we'll be lock up. With no sympathy anywhere, we won't be able to get out before we change our ways.

London Court of International Arbitration

By Legis at English Wikipedia - Transferred from en.wikipedia to Commons by Kafuffle using CommonsHelper., Public Domain, Link