The Hardest Part

The first part of acting in accordance with jírileth is the easiest: do as thou wilt. To exercise the power of choice comes naturally to all who think, as it must, and in the hearts of the eldrae qalasír burns bright. We do as we choose, obeying only our need for mélith and the dictates of our own necessities. Thus it has been; thus it shall always be, for jír is the core of our nature.

The second part is more difficult than mere action, for it is right action. To tame the fire of our passions, to discipline ourselves to the Codes and Excellences and to take on talcoríëf, such that we may pursue only our enlightened self-interest with mind and countenance as serene as the moon captured in still water, that is the first challenge of mastery we must each overcome; and yet it is the smallest.

The third part is that which the Canticle of Truth speaks best:

“The Fire burns in the Heart,
Through choice its blaze is stoked.
Can a fire burn without fuel?
When one man takes another’s will;
By this the Flame is quenched.

“This is the first Darkness.
Vile and accursed are they
Who would command another’s soul.
They shall know death beyond this world,
The Twilight City denied them.”

It is the renunciation of kóras, the power of compulsion. At first this seems simple: we may say to ourselves, “I shall not tyrannize; I shall not enslave,” and this task is easy. At second glance, we come to realize the myriad ways in which kóras and choice-theft may hide themselves behind good intentions, and justifications, and by guising itself as mere persuasion, or as duty, or as implicit obligation, and rooting it out of our minds’ gardens becomes a worthy challenge. But this, too, is not the pinnacle.

There will come a time in all our lives when another’s choices, we perceive, will lead them to loss, ruin, even death; when example, advice, and warning all fail; when they stand at the brink, and begin their leap. The highest test of our commitment to jírileth is, when that moment comes, to stand aside.

It is the power of choice that makes us sophont; the Flame that elevates us above clank automata and the lower beasts. To commit choice-theft – even with the best of intentions, and in what you perceive their best interest to be – is to reverse this, to reduce them to little more than an infant, an animal, or a clank; it is to fundamentally violate their self-integrity. Even if it was done out of one’s highest motives, it remains a rape of the soul; the conversion of a person, an end in themselves, to a mere instrumentality for our choices, a chattel of our will.

Thus, we must permit a lesser destruction, for in its avoidance lies a greater one.

“To trade the eternal for the ephemeral
is to sacrifice a greater thing for a lesser.
This trade has no worth.”

– writings of Sardonyx, student of the philosopher Arlannath

 

The Contract That Is Not

The most important thing to know about the Fundamental Contract is that it is not a contract.

The second most important thing to know about the Fundamental Contract is that it is not fundamental.

Or, rather, while it is expressed in the form of a contract, it is not one in actuality, and while it is fundamental to law, both the law of oath-contracts and the law otherwise, it is not fundamental to ethics.

It is, instead, a restatement of the fundamental inalienable and non-derogable right, inherent in the the nature of all sophont and volitional beings, to liberty and its concomitants in a format which better permits explication of the privileges and obligations that inhere therewithin (with regard, in particular, to the avoidance of choice-theft), and thus in membership of the greater community of sophonts.

It is not a contract, therefore, inasmuch as its authority does not derive from the sophont’s innate power to place themselves under obligation by their consent. (That would indeed be circular, if it were to be the case.) Rather, it derives from – by consisting of – the ethical fundamentals implicit in the nature of sophont beings, by which all entities that are, remain, or are composed of or controlled by, sophont beings are necessarily bound.

This is a matter of natural law, akin to gravity or supply and demand, if indeed not even more fundamental than either, and thus not subject to revision or denial.

– Fundamentals of Imperial Law, Valarian Elarios-ith-Elarios

 

Trope-a-Day: Even Evil Has Standards

Even Evil Has Standards: Not in general played any straighter than it is in reality – the dumb and brutal kind of space pirate/raider, in particular, is infamous for atrocities – but seen on occasion.  A lot of Renegades, even the gone-plain-and-simple-evil ones, still have their instincts and culture programming, and as such tend to avoid slaving and other blatantly choice-stealing, and often adhere to codes circling around the twisted form of mélith that could be summarized as “those who aren’t asking for it shouldn’t get it”.

One Law For All

“Understand this: we have only one crime in the Empire.  That crime is choice-theft.

“Underlying every principle of our law, more fundamental even than the Contract and the Charter, is jírileth – the principle of liberty.  The principle that all sophonts, all with reason and will, should be afforded the greatest possible scope within which to act in accordance with their qalasír, so long as by doing so they do not impair the scope of another so to act.  Thus, the nature of all crime is to deprive one’s fellow soph of some portion of his scope of will.

“Of course, there are eighty enumerated charges defined by the Convention and later law, not simply one charge with myriad variations, but you should understand that these exist merely for administrative convenience.  Examine the five divisions, beginning with the three major:

“To kill, injure, constrain or coerce someone directly is an obvious impairment of their will; these are the crimes against the person, and they are all types of choice-theft.

“To steal, destroy, damage, trespass or meddle is to deprive a person of the full use of their property, and in turn – since all one’s goods, tangible or intangible, agent or chattel, serve as tools by which one may expand the scope of one’s will, and wealth most of all – to deprive them of the full range of choices which they might make, again impairing their will; these are the crimes against property, and they, too, are all types of choice-theft.

“To default, defraud, defame, counterfeit, or deceive is to deprive a person of obligation or truth, those contracts upon which they might rely in choosing their future course, and that knowledge which they need to make valid choices, which again both broaden the scope of the will, which is in turn impaired by breaches and lies; these are the crimes against contract, and they once again are all types of choice-theft.

“And finally, the minor orders, the crimes against the Charter and against order, which concern themselves with violations of the obligations which citizen-shareholders take upon themselves upon signing the Imperial Charter, whether directly, in the former case, or where the Empire’s management of public volumes and utilities is concerned, in the latter.  These are no more than special cases of crimes against property or contract, and so, like those, are all types of choice-theft.

“On this all else is based.  You will study all of the enumerated charges and their combinations and variants in your time here, and you will go on to address many of them in your future careers, but you should never forget this simple truth.  Despite the complexities of one precedent chain or another, of one set of specialized rules attached to a particular implementation of a particular extended charge, or of any particular case, ultimately, the Curia and its courts care about two simple questions:

“Was there an intent to remove someone’s choices?

“Whose choices were removed, and to what extent?

“Address yourself to these two, simple, fundamental questions rather than the technicalities, nail those answers down, and speak them clearly, and you will prosper in the profession.  Thank you.”

– Ephor Valarian Elarios-ith-Elarios. matriculation address at the Bar Iseléne Academy of Principle