Welcome to another Write On!, the weekly diary series where we discuss all aspects of writing (fiction or non-fiction).
I have been working on an entirely different set of linked diaries, but I was derailed by being called for jury duty in late August. Which I don’t mind, but I was seated this time (usually, I’ve either been struck or not even seated) and the trial just ended this week. It consumed a lot of my mental energy, and put all my writing efforts on hold — including my original plan for today.
The judge started with a nice speech on why trial by jury in civil matters is important, and how unique that makes the U.S. Which got me thinking about justice systems and how they inform society — and vice versa.
A writer with a strong legal background can do well by leveraging that expert knowledge. John Mortimer’s Rumpole of the Bailey series, for instance, is heavily informed by his years practicing law. John Grisham’s legal thrillers grew out of his experience as a lawyer. (And, no, you don’t have to be named “John” to make it work!) TV shows like Perry Mason, Law & Order, etc. do the same with their weekly episodes. All these are explorations of an existing system.
And then there’s what a writer can do that contrasts with the system. More below the fold.
Star Trek, of course, played with this. Deep Space Nine hit both the Ferengi and the Cardassian systems of justice. Ferengi, known for their avarice and money-centered society, buy justice. Cardassians, an authoritarian society, have a system of “verdict first, trial later”. Both reflect their societies, but they also inform how the societies react to the system. Cardassians fear being tried more, rich Ferengi know they’ll win. And, of course, the Federation venerates the law, seeing it as fair and impartial, and even welcomes the chance to prove their case.
Fantasy worlds often use the trial by combat (if it’s a just cause, God will guide the just person’s sword). I think my favorite cynical version of this was in Eddings’ Belgariad, or perhaps Mallorean, when the unbeatable Mandorallen used his superior strength and skill to win the contest, or as a threat to get others to yield. We identify with him as a Good Guy, so the bullying is just the hero cutting through obstacles. (See any “rogue cop” movie for a similar dynamic. It’s Ethical Because The Good Guy Does It (which is a whole different discussion.))
I’m using a trial by combat in a sequence in my WIP, and thinking about this, I feel like I should have a character hang a cynical comment on the outcome.
I’ve mentioned Marie Brennan’s excellent essays on world-building before, where she takes one topic or one idea and spins a month’s worth of meditations out of them (collected annually into her New Worlds series). She tackled legal systems several times, but unfortunately those discussions are all in the ebooks (and most are in Year Four) and no longer online. I was going to link to a few.
Any one of those could be a launching point to an interesting society. Deviating outside what we live and accept as the background, gives a great chance to explore possibilities. Comparing and contrasting existing systems is a good launching point.
And then there’s disparate legal impacts within a society, a topic that’s frequently addressed on this site — especially as regards to police power, but also how the richer and more connected can dodge consequences that land on the poorer and less connected.
Is it any wonder that so many stories don’t interact with the justice system? Or choose to sidestep it?
How do you handle it? Is the legal system central to your story? Is it tangential? Is it absent?
Happy writing!
P.S. For those interested in NaNoWriMo, the National Novel Writing Month, it’s just around the corner! If you’ve been thinking about trying it out, now’s a good time to connect with your region and keep an eye out for planning and preparation events. (And if you need to do some prep, it’s a great time to start!)
Exercise: What sort of justice or legal system exists in your WIP’s society? What are some of the ramifications for society as a whole? If you don’t have one, or don’t want to use yours, imagine a society wildly different from your own and answer the same questions. For example: what would a legal system in a sci-fi hive mind look like? Or a colonial outpost of only scientists and technicians?
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