Law of Questers

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The Law of Questers is the legal system existing in Questers. Questers, which is ethnically pluralistic, does not have one jurisdiction with one source of law provided by a constitution. Instead, people behave in accordance with the customs and norms of their culture. This polycentric system, in which jurisdictions overlap and are very porous, is underwritten by the Praetonian common law. The courts of common law, referred to as capital law and capital courts in Questers, are the de-facto superior court, the decisions of which will be, eventually, enforced by the Marshalcy. Any person can ultimately choose to be judged under common law rather than their ethnic customary law, albeit at significant expense to social status.

Praetonian law does not have a central enforcement system; rather, the purpose of capital courts is to make judgments on what kind of behaviour would be lawful to resolve a dispute, and any person interfering with the lawful resolution of a dispute is considered an outlaw. Capital courts issue writs which recommend either outlawry or damages as lawful punishment or compensation. A court can not compel a person to attend a court, nor can it issue writs of subpoena. Instead, courts offer individuals protection if they agree to attend a court; otherwise, capital courts make judgments without the testimony of the avoidant party. The majority of the work of capital courts is commercial law, interpretation of contract and overseeing the procedure of land law.

Although many forms of ethnic customary law function differently to capital law, and some even have the appearance of being constitutional by reference to religious documents as a source of law, there remains no central police force or prison service. The apparatus of judicial activity and law enforcement is heavily decentralised and dependent on a community's will to accept laws. Disputes between followers of different customary laws are almost always resolved by the Praetonian law, and the Praetonian law also governs the rules of inter-Questarian commerce. The judgments of major Praetonian and North Point courts are held in high-esteem in Questers, and vice versa; Questers is part of the Commonwealth.

See also