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70:4.10 [Part III]
The clan peace chiefs usually ruled through the mother line; the tribal war chiefs established the father line. The courts of the tribal chiefs and early kings consisted of the headmen of the clans, whom it was customary to invite into the king's presence several times a year. This enabled him to watch them and the better secure their co-operation. The clans served a valuable purpose in local self-government, but they greatly delayed the growth of large and strong nations.
70:11.0 [Part III]
11. Laws and Courts
70:11.12 [Part III]
4. By appeal to the elders — later to the courts.
70:11.13 [Part III]
The first courts were regulated fistic encounters; the judges were merely umpires or referees. They saw to it that the fight was carried on according to approved rules. On entering a court combat, each party made a deposit with the judge to pay the costs and fine after one had been defeated by the other. "Might was still right." Later on, verbal arguments were substituted for physical blows.
70:11.14 [Part III]
The whole idea of primitive justice was not so much to be fair as to dispose of the contest and thus prevent public disorder and private violence. But primitive man did not so much resent what would now be regarded as an injustice; it was taken for granted that those who had power would use it selfishly. Nevertheless, the status of any civilization may be very accurately determined by the thoroughness and equity of its courts and by the integrity of its judges.
70:12.2 [Part III]
While primitive authority was based on strength, physical power, the ideal government is the representative system wherein leadership is based on ability, but in the days of barbarism there was entirely too much war to permit representative government to function effectively. In the long struggle between division of authority and unity of command, the dictator won. The early and diffuse powers of the primitive council of elders were gradually concentrated in the person of the absolute monarch. After the arrival of real kings the groups of elders persisted as quasi-legislative-judicial advisory bodies; later on, legislatures of co-ordinate status made their appearance, and eventually supreme courts of adjudication were established separate from the legislatures.
71:8.13 [Part III]
11. The ending of war — international adjudication of national and racial differences by continental courts of nations presided over by a supreme planetary tribunal automatically recruited from the periodically retiring heads of the continental courts. The continental courts are authoritative; the world court is advisory — moral.
72:2.9 [Part III]
This nation is adjudicated by two major court systems — the law courts and the socioeconomic courts. The law courts function on the following three levels:
72:2.10 [Part III]
1. Minor courts of municipal and local jurisdiction, whose decisions may be appealed to the high state tribunals.
72:2.11 [Part III]
2. State supreme courts, whose decisions are final in all matters not involving the federal government or jeopardy of citizenship rights and liberties. The regional executives are empowered to bring any case at once to the bar of the federal supreme court.
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