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The Hopper / The Talossan Law Repatriation (Crimes Repugnant to Talossanity) Bill
« on: February 10, 2021, 05:22:56 PM »
WHEREAS the 31st Cosa chose to deal with the lack of Talossan law against "murder, rape, robbery" and other serious crimes against the person by incorporating the laws of the State of Wisconsin into Talossan law, where indigenous Talossan law does not contradict them;
AND WHEREAS the 35th Cosa amended this to specify only certain sections of the Wisconsin Statutes, which currently comprise sections A.1-4 of El Lexhatx;
AND WHEREAS this means that a thorough knowledge of Talossan law necessarily requires a knowledge of Wisconsin law;
AND WHEREAS Wisconsin law has never in fact been used to punish infamous crimes committed by Talossan citizens, such as statutory rape;
AND WHEREAS the practice of Talossan law and jurisprudence should be open to all Talossans, not just those who are already professional lawyers;
AND WHEREAS the only way Wisconsin law has been used in Talossa is by trained practitioners of United States law introducing Wisconsin precedent into their Talossan legal briefs, giving those trained in United States law an unfair advantage over those who are only trained in Talossan law;
AND WHEREAS we should find a different way to achieve the original intent of the measure, which was to make infamous crimes against the person a crime under Talossan law;
AND WHEREAS the basic principles of what is moral, right and good under Talossan law are already contained in our Covenant of Rights and Freedoms;
AND WHEREAS previous versions of the Organic Law specified "generally accepted principles of Anglo-American law" as a foundation for Talossan law, but this has been removed;
AND WHEREAS it is wise to re-establish some legislative basis for Talossan juridical practice;
BE IT ENACTED by the Ziu that sections A.1-4 of El Lexhatx are replaced in their entirety by the following:
AND WHEREAS the 35th Cosa amended this to specify only certain sections of the Wisconsin Statutes, which currently comprise sections A.1-4 of El Lexhatx;
AND WHEREAS this means that a thorough knowledge of Talossan law necessarily requires a knowledge of Wisconsin law;
AND WHEREAS Wisconsin law has never in fact been used to punish infamous crimes committed by Talossan citizens, such as statutory rape;
AND WHEREAS the practice of Talossan law and jurisprudence should be open to all Talossans, not just those who are already professional lawyers;
AND WHEREAS the only way Wisconsin law has been used in Talossa is by trained practitioners of United States law introducing Wisconsin precedent into their Talossan legal briefs, giving those trained in United States law an unfair advantage over those who are only trained in Talossan law;
AND WHEREAS we should find a different way to achieve the original intent of the measure, which was to make infamous crimes against the person a crime under Talossan law;
AND WHEREAS the basic principles of what is moral, right and good under Talossan law are already contained in our Covenant of Rights and Freedoms;
AND WHEREAS previous versions of the Organic Law specified "generally accepted principles of Anglo-American law" as a foundation for Talossan law, but this has been removed;
AND WHEREAS it is wise to re-establish some legislative basis for Talossan juridical practice;
BE IT ENACTED by the Ziu that sections A.1-4 of El Lexhatx are replaced in their entirety by the following:
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1. The basis of all Talossan law and jurisprudence are the principles contained in the Covenant of Rights and Freedoms.
2. Where Talossan statute law is silent, Talossan courts shall make decisions in accordance with Talossan juridical precedent. Judges may also use precedent from other legal systems with which they are familiar to guide their decisions, though such precedent shall not be binding.
3. Behaviour by any Talossan citizen which is repugnant to the principles contained in the Covenant of Rights and Freedoms is an offence, and Courts may apply any punishment authorised by Organic and statute law to those convicted of such behaviour, in strict proportion to the severity of the offence and the presence or absence of any mitigating circumstances.
4. For repugnant behaviour as described above which takes place outside Talossa, conviction by a credible judicial authority in another jurisdiction shall count as prima facie evidence.