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Legal loopholes


bluefoxicy

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I don't understand something. Not completely.

There are spren who bond to oaths to honor: to protect those who cannot protect themselves, to do what is right regardless of all else. Syl has indicated, directly, that she flatly does not care about the law; she concerns herself only with what is right.

Others bond on oaths to the law: to uphold the laws of man, regardless of the cost, regardless of whether they agree or not. They are restricted to this. If the law allows for legal process by the powerful to execute the innocent, they must aid in the commission of murder, fully aware that they serve evil and destroy the lives of those who have committed no wrong.

Why would anyone bond like that? Why would the fallible laws of men be the guiding beacon? This does not seem a thing of Honor; it seems a thing of escape, a way to make yourself important without accepting the consequences of your actions, without having to answer for pain and suffering and murder.

On that note, shouldn't there be some sort of legal loophole? The law may say that a murderer must come to justice; but bringing the murderer to justice does not mean executing him. Shouldn't these men be able to argue for acquittal, for pardon, for some form of leniency? The law allows for pardon, and we have seen that pardons will halt execution and immediately preclude all action against a person: the moment

Lift

was pardoned,

her

pursuers promptly left, no threats, seeming to have lost interest completely.

Do they need to be mindless servants of the law? Can they not uphold their oaths whilst seeking to ensure that the law does only what is right? They must necessarily fail at times, but they still should have some kind of freedom to try. The law allows for that.

For that matter, the law allows for pardon of crimes: it allows for placing aside punishment for a crime committed. That is legally binding. But what if someone is accused of a crime which they have not committed? Is the accusation binding, or is it now a violation of the oath to commit injustice by executing a sentence for a crime which has not actually occurred? Is that situation even resolvable: legally bound to follow through with the sentence, but also fully aware that what he is doing is a crime, either action violating the law.

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Something is wrong with the Skybreakers as a whole. What ever they were is not what they once were. 

 

I think there are no Skybreakers at this point, it's just a secret society founded by a crazy herald. Not the actual order that was in the knights radiant. 

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The thing is the people that are killing Surgebinders don't seem to actually be Skybreakers. So we don't know if an actual Skybreaker would go about doing what they do. Seems like Darkness has just gone a bit crazy. I also came to the realization that the crimes of Lift didn't fit her punishment by Darkness. How is breaking into a palace and eating food worthy of death.

Edited by Numb
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There are theories out there that propose the Heralds have become perverted versions of themselves. So what Natan is doing now is NOT what the skybreakers originally were. Also as Numb said the current group don't actually surgebind, with the possible exception of Darkness himself, who is likely using his old honor blade to do so.

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Interesting theories.

Lift's crimes were interrupting a holy service, which is heresy and punished by death. Just the locals are a bit weird about what is 'holy'. Filled out the wrong forms, must be Voidbringer, send immediately to hell upon receipt of proper forms and verification of signatures in all the correct positions.

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Yeah, I doubt the skybreakerspren will make their radiants anywhere near as crazy about the law as Nalan is.

 

Maybe they have an oath that says they will uphold both the letter and spirit of the law? Could be a problem when there is a conflict between the two, though.

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eating food worthy of death.

I doubt it's the severity of the crime, rather I think the existence of a crime is all Nin needs. He seemed to fixate on 'criminals' that could "dabble in arts that could return Desolation to this world." I think he may perceive that he can't visit 'justice' on surgebinders that have committed no crime, but is committed to preventing surgebinders from manifesting.

Take Ym for example; Nin mentioned him living a clean life. This tells me he spent a lot of time finding a crime to convict him over.

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