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Whose fault is it?

Author
Makkal Hanaya
Revenent Defence Corperation
#1 - 2012-07-02 22:22:03 UTC
On the world of [Retracted] in the holdings of Lady [Retracted], I recently witnessed a slave stripped of his shirt, tied to a post, and caned until his back was bloody. He was being punished because the night previous, he'd drunk heavily and gotten into a fight with a commoner, grievously injuring him.

I inquired about the slave's history and found he was not a collared criminal, a fourth-gen who'd been born and raised on [Retracted].

With this in mind, I ask: Should it not have been the Lady tied to that post and caned?

In the Navy, we hold a superior responsible for the behavior of those under her, yet a Holder, who has been responsible for a person's environment, education, and upbringing (as well as that of their parents and grandparents) is never held to task when a slave breaks the law. This despite that the Scripture tells us that the Holder has a sacred duty to uplift those souls in her keeping.

Sacred duty. Ask yourselves, how many Holders do you know that treat their position as a sacred duty? How many treat is as a game? I am sure we all know young Lords and Ladies with a few thousand slaves in their possession whose life is one of Gallente-like indulgence, yet claim to be 'Holders.'

It is an insult to the title.

Holders should be forced to take responsibility for the behavior of those under them. We are all slaves to God, and a Holder should be the first, not the last, to face punishment for spiritual corruption. This would quickly weed out those 'Holders' who are not committed to their duty.

Render unto Khanid the things which are Khanid's; and unto God the things that are God's.

Graelyn
Aeternus Command Academy
#2 - 2012-07-02 22:33:22 UTC  |  Edited by: Graelyn
Quote:
Ask yourselves, how many Holders do you know that treat their position as a sacred duty?


I, for one.

And I find your idea utterly rediculous.

Still, I think you mean well when you seek to place responsibility in such a way. However, a Holder's place and duty is to provide the means for this growth and development, they are not charged with performing it by hand. The training staff, with their many years (sometimes generational) experience would bear the brunt of this shared blame that you would seek to distribute on those you think deserving.

Think on it, will you child?

Cardinal Graelyn

Amarr Loyalist of the Year - YC113

Makkal Hanaya
Revenent Defence Corperation
#3 - 2012-07-02 22:41:33 UTC
Graelyn wrote:
The training staff, with their many years (sometimes generational) experience would bear the brunt of this shared blame that you would seek to distribute on those you think deserving.

And who does the training staff serve? Again, it all falls back on the Holder.

Are there those who never bother with the education and treatment of their slave, letting servants handle all these things? Yes. And they are guilty of sloth. If the slaves lose their way under such a Holder, it is the Holder's fault.

Render unto Khanid the things which are Khanid's; and unto God the things that are God's.

Graelyn
Aeternus Command Academy
#4 - 2012-07-02 22:50:19 UTC
*shrugs*

So you say.

A loud voice untempered by Wisdom does not Shape the World.

Cardinal Graelyn

Amarr Loyalist of the Year - YC113

Aldrith Shutaq
Atash e Sarum Vanguard
#5 - 2012-07-02 22:55:22 UTC
I must echo Cardinal Graelyn's sentiment.

This slave deserved punishment for his crime of assault, and received it. Just because he is a slave does not mean he is incapable of using good judgment. The Holder shares some responsibility, but some cases of misbehavior simply cannot be helped. Now, if many of this particular Holder's slaves were out getting drunk and attacking random people, then I'd be concerned.

There are good Holders and there are bad Holders, just as there are with any set of people. Judging where a person fits is a complicated thing and requires time and evidence. Poor Holders usually do not stay in power long, as their peers and subordinates will see their failings and maneuver to weed them out, as you suggest should happen.

Aldrith Ter'neth Shutaq Newelle

Fleet Captain of the Praetoria Imperialis Excubitoris

Divine Commodore of the 24th Imperial Crusade

Lord Consort of Lady Mitara Newelle, Champion of House Sarum and Holder of Damnidios Para'nashu

Mensha Khael Crow
House Murder
#6 - 2012-07-02 23:00:41 UTC
Was this the first crime by the slave? Your description of events seems to leave the details of the case far too vague for any judgement, beyond the slaves culpability.

As for your wide ranging comments on holders, I would hope you reconsider.
Our righteousness is evident in the failures of the heathen, God keep us from falling prey to their weaknesses.
Aria Jenneth
Societas Imperialis Sceptri Coronaeque
Khimi Harar
#7 - 2012-07-02 23:12:02 UTC  |  Edited by: Aria Jenneth
Not really my area, but ... wouldn't this suggestion result in....

Well, take a Holder whose, ah, human possessions rioted in large numbers. This rioting results in a few deaths, and extensive damage to person and property. Would this result in the Holder being caned until effectively minced?

Or would the Holder be allowed to heal up in between canings, and just forced to hate life for a few decades?

It doesn't seem ... quite ... practical, really.

Also, if each person takes responsibility for the misdeeds of her subordinates, how many strokes is Empress Jamyl due? The term "fine mist" comes to mind.

Obviously, these can't be right. But if someone could clarify for the puzzled heathen...?
Makkal Hanaya
Revenent Defence Corperation
#8 - 2012-07-02 23:22:27 UTC
It pains my heart to see so many Holders balk from the idea that Holders should be held responsible for the souls in their keeping. Remember: punishment is holy. Scourging the flesh restores the soul. Only those weak in spirit or body cannot bare the occasional lash. In the Hanaya estates, I have seen withered men, stooped from years of service submit to physical torment when they have erred.


Aria Jenneth wrote:
Not really my area, but ... wouldn't this suggestion result in....

Well, take a Holder whose, ah, human possessions rioted in large numbers. This rioting results in a few deaths, and extensive damage to person and property. Would this result in the Holder being caned until effectively minced


They should be collared, exiled, or executed.

Aria Jenneth wrote:
Also, if each person takes responsibility for the misdeeds of her subordinates, how many strokes is Empress Jamyl due?


None, her flesh is divine. To sit in judgement of her is akin to judging God.

Render unto Khanid the things which are Khanid's; and unto God the things that are God's.

Graelyn
Aeternus Command Academy
#9 - 2012-07-02 23:37:59 UTC
It's called a sliding scale.

I would encourage you to embark on some research.

The case of Brother Joshua v. Aritcio Kor-Azor would be a good place to start.

You are welcome.

Cardinal Graelyn

Amarr Loyalist of the Year - YC113

Uraniae Fehrnah
Viziam
Amarr Empire
#10 - 2012-07-02 23:39:07 UTC
In this particular case I'm not sure what the staff or the Holder could have done to prevent this, other than wide ranging and unnecessary restrictions. Certainly the slave could have been under guard at all times, but that obviously didn't seem like a prudent idea. The slave wasn't a criminal and I doubt anyone suspected a fight might break out. Certainly the slave might have been forbidden to every drink, but again from what you've said it appears the slave gave no reasonable cause to have that small freedom taken away.

Given that it seems the slave was free to drink, and free to meander around without any sort of guard on hand, then it seems plain that the slave had a lapse of judgement, did something wrong, and was punished. Despite being a slave, there are still measures of personal responsiblity here, unless of course you're saying the slave was ordered to get drunk and attack someone.
Nicoletta Mithra
Societas Imperialis Sceptri Coronaeque
Khimi Harar
#11 - 2012-07-03 01:03:19 UTC  |  Edited by: Nicoletta Mithra
A Holder shows responsibility and his duty by enacting a proper punishment in such a case. How should a slave learn proper action, if he's exempt from any consequences?

While I can't comment on the case here in particular, your argument is fundamentally flawed, Cpt. Hanaya - as others already pointed out. It appears to me that you're quite removed from and unaware of how the Amarrian (and by extension Khanid) system works. Your education seems to be awfully lacking.

You should change that.
Silas Vitalia
Doomheim
#12 - 2012-07-03 04:14:04 UTC
Makkal Hanaya wrote:

They should be collared, exiled, or executed.


I recall that low-born women called for the collaring, exile, or execution of Holders to not go over particularly well, either.

Sabik now, Sabik forever

Lilya Tvavarivich
Perkone
Caldari State
#13 - 2012-07-03 04:43:42 UTC
I am only a third generation convert of no special lineage or importance, whose understanding of the divine is sorely lacking. So take my words for what they are. Still, I will put them here, and leave it to you to decide whether or not they make a useful contribution. I should note that they are founded on the lessons I was taught by my mentors in the faith, at the small mission where I grew up.

Beatings of various kinds were common at the Azimo Mission - scheduled, even - but never as punishment. The administration of pain was meant to teach us students to endure suffering, not to avoid it. Nor to seek it out for its own sake, but to learn not to let pains of the flesh distract us from pursuing the refinement of the soul.

Beating as a ritual helped to get this lesson across. Therefore, beating as a punishment seems very strange to my admittedly inferior mind. We are all instruments of God. The only thing that should be feared is God's disfavor. A cane can bruise a body, which is only dirt and dust, but it can never bruise a soul.

Why, then, teach a slave to fear a cane? And for that matter, why reward slaves with physical comforts when they do well? It seems to me that such measures target impulses which are at worst animal, at best human, but never divine. The only meaningful reward in any endeavor is God's favor. The only meaningful punishment is His displeasure. A cane is a poor substitute for God.

If any of the students misbehaved, or failed to live up to expectations, the priests always assumed that it was because they had failed to learn their lessons of faith properly. The standard course of action then was to repeat the relevant lesson, again and again, for hours, days or even weeks, until it stuck. It could be a verse of Scripture relevant to the transgression, a prayer, a hymn, a ritual. The other students would often be enlisted to help with the task, until the priests were confident that the student in question had indeed understood his or her lesson.

I leave it to your judgements to determine which approach is the wiser course of action.
Serech Ulfang
Doomheim
#14 - 2012-07-03 05:05:28 UTC  |  Edited by: Serech Ulfang
If i have understood what Ms Hanaya is trying to point out, its not that much that the Holder should be punished on an equally manner as a slave, but she is talking that the Holder should not get to the extreme and start physically harming his own slave- who if you look at it on a very cruel manner, the slave is his/her own property.

Physically harming a slave is an act that breeds the hatred we Amarr seem to enjoy from every other faction, among other factors which are contributing to that. On the other hand for our society a slave is our own and we can treat him/her however we want and that is something that can not change unless major changes within the core of the Amarr society happen.

For me whenever a slave is causing trouble in a similar situation I simply put them in detainment for some time. No physical harm is needed, usually their loss( as in staying away ) of their family is getting them understand that by causing problems they only harm themselves and not ultimately me. If however the slave is not under the family institution then i hand them in the Authorities and they treat him as seen fit. For me physically harming another human being simply is not of my character. I warn them, i tell them what the situation will be, i try to find what is the matter and if they keep on doing i release them to the Authorities ( i can not set them free as they will have nothing and they will be a burden in public property or start causing trouble thus why in the Empire we have almost no exposure into poverty as in other factions one can be walking down the street in a market and see beggars) where i am sure that the new Holder or even the Authorities will not be so generous as i am, or maybe they will be much better than me and actually make it work with the slave.

The rest of my Holding that is witnessing those events in the meantime know and have learned what i am going to do, and because they understand that finding a lenient Holder as myself is something that God can only determine and usually that is rare, they either comply accordingly or they simply know and understand that they can not change and cause the damage they want. In fact many times that one or two individuals who are causing or about to cause trouble in one of my Holdings, my security forces don't even get the chance to take action as those individuals are stopped by their counterparts, in order to maintain the healthy living conditions and harmony that I have managed to establish in my Holdings. And although i understand that fear of uncertainty and not so much love from keeping my people from uprising, every action i make is rewarding them and shows to them that it is not my intention to harm them nor treat them any less equally. Some need many years until they become deeply faithful towards me and others instantly see how lucky, blessed or however else you want to put it, to serve under a Holder who for a change wont hit them, make fun of them, treat them as dogs and so on.

Violence is not always the way, it is the most immediate and direct way but if one nurture understanding and make the slaves feel safe and secure in ones Holdings than my experience has taught me that they will not have enough, if any, reasons to cause problems.

Violence is not always the way.

Lord Ulfang
Rodj Blake
PIE Inc.
Khimi Harar
#15 - 2012-07-03 10:00:20 UTC  |  Edited by: Rodj Blake
As Cardinal Graelyn has pointed out, corporal punishment is often an appropriate punishment for misdemeanours, even if the offender is an heir to the Imperial throne.

Furthermore, a sliding scale based upon relative societal positions is in operation - a slave who commits a crime where the victim is a commoner can expect a more severe punishment than a commoner who commits the same crime.

Foreigners sometimes find this difficult to understand but the system works.

Regarding the question of who has ulitmate repsonsibility, it's hard to give a full answer without knowing the exact details of what happened. Yes, the holder may well need to receive some sort of punishment, but that doesn't resolve the slave of all repsonsibility.

Consider the case of a dog that goes wild and kills the child of a noble. The dog's owner may or may not be to blame depending on how they were controlling their dog. But no matter what happens to the owner, the dog will almost certainly be put down.

Dolce et decorum est pro Imperium mori

Malcolm Khross
Doomheim
#16 - 2012-07-03 12:46:46 UTC
I'm no expert on Imperial or Kingdom Law but I'll answer your question from my own perspective. Your question was, quite simply, "whose fault is it?"

The answer? It is both the slave and the Holder's fault. However, the slave is at fault directly for committing the act and should be punished appropriately for this failure. The Holder is at fault indirectly simply by being responsible for the education and upbringing of the slave and should be held to account for the failure appropriately.

If the Holder in question disciplines the slave for his failure then the Holder is accepting the responsibility for the failure and performing the duty her station demands of her. Reparations from the Holder to the victim could also be expected, but I am unsure if Imperial or Kingdom Law makes accommodation for this practice.

Both are at fault but one deserves punishment while the other takes responsibility for discipline and administering that punishment.

~Malcolm Khross

Ston Momaki
Disciples of Ston
#17 - 2012-07-03 13:06:54 UTC
Let no slave blame his master for his own drunkeness. Let no slave blame his master for his own brutality. The essence of freedom is personal responsibility. The man, be he slave or free, chose to get to get drunk and chose to engage in a brawl that injured another man. One of the greatest assaults upon the principles of freedom is the presumption that one can be morally culpable for the free actions of another adult moral agent. In spite of being a slave and the property of another, an adult slave is a free moral agent and responsible for his or her own choices to violate law.

While caning is a barbaric and devolved form of correction, the principle holds that the individual offender is the one responsible for committing the offense. The first and most important step in gaining true freedom is embracing personal, moral agency. The sure way of preserving slavery forever is to insist that the master owns the moral culpability of the slave. Do the slave the smallest of mercies by at least letting him own his blame. Let him at least be free in this way.

The Disciples of Ston bid you peace

Gaellia Bonaventure
Imperial Shipment
Amarr Empire
#18 - 2012-07-03 13:27:07 UTC
A Holder is always both responsible to his slave and to his God. Only by understanding this can his journey to redemption ever be attained.

Bring your possibles.

Nicoletta Mithra
Societas Imperialis Sceptri Coronaeque
Khimi Harar
#19 - 2012-07-03 13:38:01 UTC
Cpt. Khross, I thank you for illuminating that by applying reasonable thought to the case at hand it can be understood and resolved quite nicely.

As to your question whether reparations are accomodated for within imperial law: Yes, they are. I would expect the Holder in question to provide some sort of reparation for the victim of the assault, at the very least to pay for the medical care of the victim. There is, of course a place for that in our law, though how the exact outlines of this are varies from domain to domain.

I especially am delighted that you came to the conclusions you presented here, as it shows that the imperial law is in accord with reason and that every human gifted with the ability to reason will thus be able to understand how the law works. Of course, it's also shaped by tradition, but as you say, you know little of the traditions of imperial law. So, while there are traditionalistic justifications of imperial law, those rather do complement the justification by reason, than contradicting it.

As to the sliding scale that Admiral Blake mentions:
This is justifiable by reason as well. It is a case of proportional justice, following a geometrical proportion. If equal people commit a crime against one another, the punishment will be equal in quantity to the crime commited. If someone of lower station commits a crime against someone of higher station, the punishment needs to be greater than equal to the quantity of the comitted crime and that is, proportionately greater according to the difference in standing between the two. Of course, punishment should be proportionate to the crime comitted as well.

One could state this mathematically: P ∝ (V/O) and P ∝ C so that P = C*(V/O), with P being the punishment, C the crime commited, V the station of the victim and O the station of the offender.

Of course, it's rather hard to quantify those things. That's one of the reasons for law not being an exact science. But I think the maths illustrates the idea of the 'sliding scale' quite nicely.
Kazzzi
Heathen Legion
Iron Men of the Hood
#20 - 2012-07-03 13:45:14 UTC
Makkal Hanaya wrote:
On the world of [Retracted] in the holdings of Lady [Retracted], I recently witnessed a slave stripped of his shirt, tied to a post, and caned until his back was bloody. He was being punished because the night previous, he'd drunk heavily and gotten into a fight with a commoner, grievously injuring him.

What backwater agrarian dungheap planet was this? These days there are more modern and sophisticated methods to make a person crap themself in fear and pain.

I bet it was another one of those 'liberal holders' who intentionally had their slave get all liquored up on hoopie juice just so they can say to the public how uncivilized the slave races are and how they need to be kept shackled up to prevent them from hurting anyone.
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