Disagree. It's just that mine and your interpritaion of the same cannon differ.
Specifically, albeit not relevant to Cryton's new view (since he's essentially looking at it from a "prototraveller view" - and I'm not, tho I steered him that way...), the Imperium has both a written law mentality as evidenced by both the edict 97 blurb in Adv 1 and S8 LD A-M and by the S11: LD N-Z section on nobles that notes that legislation is a function of the sector and imperial governments.
Agreed, as I posted "Imperial Law is a matter of Imperial Proclomation, policy and precident" which as it happens is backed up by your citation.
Page 7 goes on to say "Legislation and enforcement are the prerogative of the Imperium, or of the sectors." However this is in reference to the Domains and Arch Dukes having little practcal significance, in the running of the Imperim and collecting taxes, not as a direct reference to the set-up of the Imperial Govenment.
My interpritation is that the "Legislation and enforcement are the prerogative of the Imperium" The Emporer Legislates via Imperial Proclomation, and enforces via the sector Dukes, who also (by inference) collect the taxes.
t's a nice diatribe to shout "Men, not laws!" but it's bogus when trying to figure out the canon universe, as it's clear there is a very real sense of "Imperial Law" in even the early adventures (A1-A4). Likewise, the uniformity of requirements for passage can only be one of two things: evidence of a legal code or a game artifice artifact, and they are not exclusive.
Diatribe is a bit strong don't you think? but that is an aside.
The clear sense of Imperial Law are the Imperial Proclomations, which are not a body politic of law as we see them today as a modern western socialy. This is more law by Royal Proclomation pre Magna Carta as I said in my post, and as evidenced by your citations.
Heck, page 6 of S11: LD N-Z, reads (in part)
The lmperium is best considered to rule the space that separates the stars rather than the worlds themselves. Individual worlds are left to their own devices, providing they pay their taxes, acknowledge the power of the Imperium, and obey the basic laws it promulgates.
Emphasis mine.
Agreed. This makes my point. Imperial Proclomation.
It can be said from S11 that subsector dukes can't legislate (which is exactly what proclamations are - legislation by declaration and publication) nor decide enforcement (in other words, they are subject to sector level decisions on that score)... Men Not Laws can resolve the conflict for what they do, by inference...
My interpritation is that they can't legislation (so agreed with your point), however they enforce; all the ministaries report to them on a sector basis. And collect taxes.
Let's look at the various functions of government:
- Legislation (creation of laws; classically, by any means including proclamation by competent authority)
- Provide external defense (Military)
- Enforcement of previous legislation
- administration of programs
- monitoring of threats and assets (both internal and external)
- Judging cases of law
- Judging cases of crime (which may be construed as part of Enforcement)
- Judging civil cases (property and contract)
Depending upon coarseness of the list, one could shrink it to the classic three (Legislative, Executive, Judicial), but as the canon quotes limit only part of executive, breaking them down further is of value. Legislation is restricted to Sector and Imperial levels. Administration of Programs is Sector, Domain and Imperial, at least for the Navy, Marines, and Scouts... and Subsector has dual chain, sector naval and subsector duke...
Subsector Dukes have some mission (even if only to look pretty), but the implications are they function as agents of the Sector Duke, not as independent authority, and have military and probably tax collection/collation duties, and may have a judicial role (but that borders on enforcement).
This also implies something about piracy - The Sector duke is responsible for rooting out pirates, by implication, since enforcement is reserved to the Sector Governments and the Imperium. And piracy sounds very much like an enfocement issue, not properly a defense issue. (So long as they stick to ships, not worlds, any subsector ducal action is likely to be "unofficial."
Agreed. (only Arch Dukes only come into play post Stephon. It's all Sector Dukes until then.)
Legislative - Emporer
Executive and Judicial - Nobles
Which is why I say that the Imperial government and the Imperial Nobles are the same thing. Beacuse that's what canon says.
The Adminstration of Imperial Law is (pre MT) on a Sector and a Subsector basis i.e. the Dukes, who ensure the couties and the baronies in their patch toe the line. However as those Counts and Barons are vassels of the Emporer and not the Dukes, they are also resposibile for the adminstration of Imperial Law in their patch, it's just the administration of the ministaries and forces works on a subsector and sector level.
Imperial Proclomations, even over 1100 years, do not constitue a boady of Law such as we have in the US or the UK, and it's implementation is interperatied by the representative of the Emporer on the spot at the time (the Imperial Noble), helped by policy and precident.
Men not Laws (I'm sure there is a canon reference to that somewhere). Which goes back to my statement that the Imperial Nobels and the Imperial Govenment are the same thing.
Best regards,
Ewan