The Hierophant wrote...
True but it's Thedas, another issue is that we barely know what's morally acceptable by the various cultures of Thedas in terms of individual rights/civil rights. All we're left with is using late 20th & 21 century western morality (ours) to determine what's right and wrong in an alien world with no Miranda Rights, equal rights, due process, parliaments, congresses or constitutional amendments etc.
As a point of legal history, the idea that law is separate from morality is older than that. It goes back to the early 19th century. Before that, the notion that law and morality were related existed, but the actual idea was one of basically natural moral law, i.e., the law was moral because it derived from the moral authority of God (basically).
Not that Thedas has any actually developed legal system, and obviously Bioware has zero experience with legal scholarship so this point is moot. But for the sake of debate, I should point it out.
I understand that but doubt any of Thedas' legal systems operate at that level in order to prevent any potential abuses of the law.
The idea of judicial review is
ancient. Like, centuries old ancient. A great example are the Courts of Equity in the UK - we're talking effectively 14th century here.
What we have today is very complex, but even Thedas would have judges and judicial review.
So, to clarify, the idea that a law determines rights would still be wrong even in Thedas. It would work the other way - rights (and really facts and the individual judges sense of justice) would determine the law.
I get that, but doubt it'll amount to much as mages will potentially be at the mercy of the individual kingdoms of Thedas unless they collectively move to, and establish a nation on some unowned piece of land.
No disagreement here.