Revision as of 23:17, 11 November 2016

The Laï-le ban

In zoraï justice trial does not exist, strictly speaking. What is used in the place is a ceremony called the Laï-le ban^[1]. It takes place in two stages:

1. the first part is called Taki néwang ban^[2] ;
2. the second, which follows the not so formal deliberations, is called Taki laïwang ban^[3].

The Laï-le ban takes place in a bar of one of the cities of the Witherings, building on its configuration (four tribunes separated by the four trainers' rooms).

Quick overview

As often in zoraï culture, plays a great role in the way they deliver justice. They indeed believe that the turmoils of civil society should receive an overall treatment. Thus, a serious crime is not considered a single event, but as a damage inflicted to the whole society.

The ceremony of the Laï-le ban, therefore, aims to restore harmony in society. Its main celebrant is the Kai-ho^[4], who organizes the discussion of which he is the supreme referee. He has full authority over the conduct of the ceremony.

The one that is causing the disorder, who may be finally estimated at fault and whose case is to be examined is called the Pai-ho^[5]. The ceremony helps to establish how he is really accountable and, if appropriate, to determine his possible ways of amending.

The ceremony takes place in two stages.

The first part is a contest between two groups, the Kastu De-ho'i^[6] (the defenders) and the Nanka De-ho'i^[7] (the accusers). Their debate takes place in front of the Voices of Judgement, the Taki-ho'i^[8], Sages and Awakened who are in charge of proposing a solution (and, if that seems necessary, a punishment). Note that the zoraï Initiates can move from the tribune of accusation to the tribune of defense and vice versa, according to what they think they should express. They can also question anyone, present evidence, bring elements, call witnesses... The goal is to raise all aspects of the concern and to attempt to enlighten its developments.

The second part is the announcement of the decision reached by the Taki-ho'i, after their délibérations, which are public or private (no special rule). This decision has the force of law but does not create a precedent. Zoraïs consider indeed that each case requires its own specific thinking.

The master of ceremony: the Kai-ho

Ornate Pink (♀)

Da-Nyo Smooth (♂)

The ceremony takes place under the authority of a Kai-ho ("the one who looks") who is the organizer and referee of its development. He(she) must be an Awakened, chosen for its calm and rational temper after a vote in a Parliament of Circles, by shizu'i^[9], or by a poll at the zoraï forum^[10]. A new Kai-ho has to be chosen before each Laï-le Ban, but the same Awakened may be chosen more than once.

He can be recognized as carrying a Kanka Electric mace (two hands). He is wearing a light purple outfit (with caster pants Zo lin'ko or light pants Zo nin'ka) and can sport a dedicated tattoo as featured on the luciograms displayed opposite (Ornate Pink for females or Da-Nyo Smooth for males).

Observation: the Kai-ho may not be a Ma-Duk Follower if the judgment is held in Jen-Laï, but must in this case be a jenaïst kamist. The ones of Kastu and Nanka tribunes must at least be Initiates; those occupying the Taki tribune must be Awakened or Sages.

The person causing the trouble: the Pai-ho

The person on "trial" is called Pai-ho (literally "the person problem"). As recalled by the Kai-ho before the delivery of the judgment, the Pai-ho is not viewed a suspect but the source of a disorder that needs to end. He has to wear a light clothing Nin-ka beige of color, color of the Bark, as a sign of humbleness. He stands in the center of the tribunes, next to the Kai-ho.

Description of the proceedings of the ceremony

Act one: discussions

The Kai-ho calls the attendees to join and organize the three active tribunes:

• A tribune for the Nanka De-ho'i (literally "those who show the stick," the accusers) whom a Nanka electric mace (one hand) will be assigned as speech stick;
• A tribune for the Kastu De-ho'i (literally "those who show the shield", the defenders), whom a Kastu electric buckler will be entrusted as speech stick;
• A tribune for the Taki-ho'i (literally "those who speak", the judges), reserved for Awakened and Sages whom a Katoo electrical lance will be assigned as speech stick.

The remaining tribune (the one where stands the bartender) will welcome the public (especially notables, guests of prestige, etc.). If too many people attend, the surplus in homins will stay on the edge of the area. There sit also the undecided, the curious and the foreigners. Any homin can attend the ceremony but he is forbidden to speak if not on one of the active tribunes, if he has not asked for the speech stick, or if he is not questioned by an occupant of one of these tribunes. Apart from that, everyone is welcome since he shows respect for the laws of the Theocracy.

Exchanges proceedings

During the exchanges, no one can speak without having been appointed by the Kai-ho, who is there to ensure the serenity of debates and even conduct them if he thinks that imbalances are being born. In case of disagreement on legislation (or lack of such), it is agreed to refer first to the three zoraï principles, whose essence is reflected in all laws. The Kai-ho remains in any case the ultimate reference when a decision must be made about the conduct of the Laï-le-ban.

Role of the active tribunes

The Nanka and Kastu tribunes speak in turn, the speaker to stand up and speak once the speech stick hand-held (it is forbidden to speak without a stick). He receives the stick directly from the last to have spoken, under the supervision of the Kai-ho, who ensures the smooth running of speeches. The Nanka tribune, recalling the facts which caused disorder and the involvement of the Pai-ho therein, is the one who launches the debate.

It is recommended that accusers and defenders who plan to intervene write in advance the text of their speech in order to express themselves fluently^[11] during the ceremony to not slow its course down. This recommendation applies to all general arguments, recall of facts, opening statements, etc. Obviously, these preparations do not forbid spontaneous reactions during the ceremony.

The occupants of the Taki-ho'i tribune may motion to the Kai-ho at any time to ask for the floor, ask questions, raise issues, or question an occupant of a tribune, a witness or the Pai-ho.

Anyone is allowed to pass from the Kanka tribune to the Kastu one (and the other way round) at any time. So, the number of Initiates occupying each tribune varies in the course of the discussions. That number, nonetheless, must not be the sole criterium to be accounted by the judges, whom duty is to give a wise advice, which is not necessarily that of the majority of the attending Initiates. They must, above all, listen and try to understand these latter.

Intermission: deliberations

Following the debates, the Kai-ho thanks the Nanka De-ho'i and the Kastu De-ho'i, takes back their speech sticks and join the tribune of the Taki-ho'i to help at the organization of deliberations.

This completes the first stage (the Taki néwang ban), and deliberations^[12] can begin.

During these, the Kai-ho keeps on managing speech attribution and speaking time^[13] but is not allowed to affect in any way the judgment to be produced; he may, on request, provide legal advice and express philosophical observations, but he is not allowed to take sides. Again, he is only there to help managing. The decision reached by the Taki-ho'i must be as consensual as possible, but can however (this is not an obligation) require a vote. Its purpose is both to remedy the established disorder and prevent it from happening again, the punishment (given its exemplary value) being a solution among others.

The decision must then be announced by an Awakened among the Voices. Note that this judgement is not jurisprudential and that each Laï-le ban is considered unique in all its aspects. The Voices of Judgment, therefore, do not have to feel constrained by any past decisions. All decisions are nevertheless preserved in amber cubes so that they can be later reviewed.

In addition to the lessons it draws from the crisis discussed during the ceremony, the decision may propose a punishment^[14] against the Pai-ho.

Act two: decision

The second part of the ceremony takes place in the same location, and simply aims to communicate the decision of the Sages and Awakened. Although it introduces no case law, it has legally force of law and its enforcement can be left to the Parliament of Circles.

Details of the conduct of the Laï-le Ban ceremony

Taki néwang ban ("ceremony of the discussion without path")

Opening of the ceremony^[15]

The Kai-ho, wearing his officiant's outfit, tattooed for the occasion, advances in the center of the tribunes, which are to be empty. He is holding an electric baton with both hands, badge of his authority.

Once at the center, he strikes several times the ground with his stick. Then, solemnly, he hits three shots on the ground with that same stick, each hit facing each of the three active tribunes, which he greets with a loud voice:

"Bao'i y xao'i laï-ho'i. Brothers and Sisters Initiates"

"Bao'i y xao'i li'laï-ho'i. Brothers and Sisters Awakened"

"Bao'i y xao'i tseu-ho'i. Brothers and Sisters Sages "

"I call you today to bring light where the shadow is born."

Calling of accusers, defenders, judges and audience

"May those who want to point the Void that grows in us advance toward these stands!": he calls upon the members of the tribune of the Voices of Stick ((Nanka De-ho’i or accusers) to settle in the bleachers dedicated to this purpose (between the harvesters' coach and the artisans' coach - see plan above).

"May those who want to guard the Life that dwells in us advance toward these stands!": he calls upon the members of the tribune of the Voices of Shield (Kastu De-ho’i or defenders) to settle in the bleachers dedicated to this purpose (between the magicians' coach and the fighters' coach - see plan above).

"May advance toward these stands the Sages and Awakened who will know how to distinguish shadow from flame, light from darkness!": he calls upon the members of the tribune of the Voices of Judgment (Taki-ho’i or judges) to settle between the two bleachers above (between the magicians' coach and the artisans' coach - see plan above).

"May all this happen in the attendance of our brothers, our sisters!": he calls upon the public to settle in the last bleachers (see plan above).

Calling of the Pai-ho

Once everyone installed, he hits the ground again with his stick and says "May him(her) who is the source of our trouble advance towards me!"

The Pai-ho then advances. He can optionally, according to its degree of cooperation, be framed by guards. He must remain at the center, under guard if necessary, all the time of the ceremony.

Reminding the purpose of the ceremony

The Kai-ho then hits yet again the floor and says: "We are here assembled on the nourishing Bark to get together on the path to Enlightenment. May wisdom guide our words today. We are but humble buds on the Bark, and aspire to become powerful doraos. May the Kamis preserve us from the Void that gnaws and destroys throughout this perilous path."

A pause and then he resumes.

"I have for name XXX and I'll be the Kai-ho of this Laï-le Ban. I am only here to remind all the principles that drive our sap: Preservation of Atys, Wisdom and search for Enlightenment. May the Great Mask Mabreka Cho be the model that inspires and guides me, I who am here as the Great Mask facing you. Ochi kami no!^[16]"

The crowd is supposed to repeat "Ochi kami no!": this is the official launch of the discussions.

Beginning the controversial debates

The Kai-ho advances towards the tribune of the Voices of Judgment, bows and declares:

"For you to find out the path that will lead us out of this dark swamp. Make use of the word as you please, as one at a time you'll get the floor from me." He then hands the Katoo electric spear, speech stick, to one of the attending Taki-ho'i. Afterwards, this stick will pass from homin to homin directly under the control of the Kai-ho, who can, in this tribune as in the others, decide on its allocation in case of disagreement.

The Kai-ho then advances towards the tribune of the Voices of  Stick, bows and asks: "Who among you will point the trouble that worries us?". He then assigns the speech stick (an one hand Nanka electric mace) to the first Nanka De-ho stepping forward, who must then explain what put the blame on the Pai-ho and events causing the disorder.

Once this statement of the charge is over, the Kai-ho walks to the tribune of the Voices of Shield, bows and says:

"Who among you think the traits have to strike elsewhere?". Then he hands the speech stick (a Kastuelectric buckler) to the first Kastu De-ho advancing, who has to explain why he thinks the Pai-ho is not accountable.

Thereafter each of these two tribunes speaks alternately, as that of the Taki-ho'i can ask at any time.

End of the debates

The discussions are over when none of Kastu and Nanka tribunes has no more statement to make. The Kai-ho then advances to the Nanka tribune and says:

"Be thanked for the Void tracked in him."

He then bows and gets the speech stick back.

The Kai-ho advances afterwards to the Kastu tribune and says:

"Be thanked for the Void tracked in us."

He then bows and gets the speech stick back.

The Kai-ho advances next to the tribune of the Taki-ho'i and declares:

"It is now for you to spot the glow in the dark, the path among the bushes, the amber from the bark. Ochi Kami no!. »

He leaves the speech stick of the Taki-ho'i in their hands because, if their subsequent deliberations are public, it will help to manage speech attribution and speaking time. Then he bows, turns to everyone and says:

"We lost ourselves to better find us. May the Kamis guide us and lead us on the path to Enlightenment. We will meet again to hear words of Wisdom."

Then he hits the ground three times with his staff, meaning the closure of this first stage of the Laï-le Ban (the second part can take place another day).

Deliberations

During their deliberations, which are held in public or in camera, the Taki-ho'i seek to understand what could have happened, and above all, to determine how the disorder affecting the society, as well as the one affecting the Pai-ho, could be appeased. Once this is established, they must all make a three-points decision that:

• describes the trouble they faced, in its very nature;
• explains how the Pai-ho was responsible for it, or not;
• provides the means to soothe this disorder, through, if deemed necessary, punishment of the Pai-ho, or more general measures that may concern society as a whole.

Taki laïwang ban ("ceremony of the discussion of the light path")

Opening of the second part of the ceremony

When the deliberations are over, the meeting is called again in the same place. The Kai-ho, still wearing his officiant's garment and tattooed for the occasion, advances in the center of the empty tribunes holding in his hand the electric mace symbol of his authority.

Arriving at the center, he strikes several times with his stick on the floor. Then, solemnly, he hits three shots on the ground with that same stick, each hit facing each of the three active tribunes, which he greets with a loud voice:

"Bao'i y xao'i laï-ho'i. Brothers and Sisters Initiates"

"Bao'i y xao'i li'laï-ho'i. Brothers and Sisters Awakened"

"Bao'i y xao'i tseu-ho'i. Brothers and Sisters Sages"

"I call on you today to discover the light where the shadow unfolded."

He then proceeds to the installation of the judges and of the public:

"May advance toward these stands the Sages and Awakened striving to distinguish shadow from flame, light from darkness! ": he invites members of the tribune of the Taki-ho'i to settle in the bleachers between the magicians' coach and the artisans' coach.

"May all this happen in the attendance of our brothers, our sisters!": he invites the public to settle in the other three stands.

Calling of the Pai-ho

Once everyone installed, he hits the ground again with his stick and says:

"May him(her) who is the source of our trouble advance towards me!"

The Pai-ho then advances. He can optionally, according to its degree of cooperation, be framed by guards. He must remain at the center, under guard if necessary, all the time of the ceremony.

Reading the judges' decision

The Kai-ho then hit again the floor with his stick and declares:

"We are assembled here to hear what the Sages and the Awakened understood of our disorder. May we draw lesson from that to progress towards Enlightenment. Ochi Kami no!"

The crowd is supposed to repeat "Ochi kami no!"

The Kai-ho advanced towards the Taki-ho'i, bows and says them:

"May the Mask advance who will explain us our trouble, tell us if and how our brother(sister) here present is at its origin, and what could bring peace to our saps."

The Taki-ho appointed to represent all of his colleagues and speak for them all must then advance, the speech stick hold in hand.

The Kai-ho asks him:

"Brother(sister), what is this disorder which has spread to our sap?"

The Taki-ho answers exposing the first point of the decision resulting from their deliberations.

The Kai-ho then asks:

"Brother(sister), how our brother(sister) Pai-ho is responsible for this?"

The Taki-ho then exposes the second point of the decision resulting from their deliberations.

The Kai-ho finally asks:

"Brother(sister), what should we do to appease our saps?"

The spokesman of the Voices of Judgment concludes by pronouncing the third point of the decision resulting from their deliberations.

The Kai-ho then declares: "Ochi Kami no!"

The crowd is then expected to return "Ochi Kami no!"

The decision bears therefore enforceable value and force of law, and the Pai-ho, if necessary, can be taken away by the guards at once. If the decision has other consequences for all the zoraï society, their implementation is entrusted to the Parliament of Circles.

Closing the ceremony

The Kai-ho then bows to the Taki-ho'i and says them:

"May the Kamis protect you, brothers and sisters, for showing us the path."

He gets the speech stick back and returns to face the congregation. He hits several times with his stick on the ground and declares:

"What has been lost has been found again. Strays regained the trail again. The flower has found the sun again. May we draw lesson from all that."

Then he solemnly hits the floor three times before bowing, stating:

"Ari'kami Bao'i y xao'i laï-ho'i. Thank you Brothers and Sisters Initiates"

"Ari'Kami Bao'i y xao'i li'laï-ho'i. Thank you Brothers and Sisters Awakened"

"Ari'Kami Bao'i y xao'i tseu-ho'i. Thank you Brothers and Sisters Sages "

Before putting away his speech stick, he finally says:

"I have for name XXX and I am now only a brother(sister) among his(her) brothers(sisters)."

Notes