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[raging_monkey]

It wouldn't be under that law then.

Stand your ground only works somewhere you have legal right to be.

I know I just really couldn't resist a stand your ground joke

[Master Warder Z_]

Manslaughter and murder are not the same crime.

I don't recall saying they were? But both are applicable here.

Deliberate usage of lethal force? Knowing that it would cause unprovoked death? Voluntary Manslaughter.

Unjustifiable usage of lethal force? First degree murder.

Label the crime what you will.

Standing legality aside slaying persons of the realm unprovoked is also a crime in Thedas.

[Master Warder Z_]

I know I just really couldn't resist a stand your ground joke

Maybe try harder then?

[raging_monkey]

Maybe try harder then?

believe me I held it in for a month lol. I serious again scout's honour

[Eliastion]

. Uhhhhhh no?

Peasants are not serfs nor are they slaves. They have rights, whether they are acknowledged is another matter, but even under the Danelaw in England free individuals had inherent value independent of their status as a vassal or under the protection of a higher lord.

And yes, the Dales then tried to annex all of Orlais

They didn't, not then.

 

Also, you assume that in medieval situation these people would be freemen rather than serfs. That's... uncertain. I believe that was more or less the case and the situation in Orlais only progressed from bad to worse as time passed, but that's, admittedly, just my conjecture. So, about Orlais of the day we really don't know too much (unless there are sources I'm not aware of) while putting it into medieval setting of our world they could very well be "translated" to serfs who had little to no actual rights (admittedly, I'm not entirely sure about theory).

[Steelcan]

Do I need to go I to the ideas behind the implementation of Wergild, English common law, the 12 Tables and their impact on Roman and subsequent Romance law?

Because they all disprove the idea that peasants had no rights. They certainly didn't enjoy full legal rights, and they were hardly even able to understand the law, but it did exist.

[Master Warder Z_]

The citizenry of Orlais be they human, dwarf or elf are actually called "freeholders" no doubt serfdom exists there but unless if you are bound to a lord you aren't a extension of them.

So...the whole serfdom dealie only applies were it applies.

So yes.

Murdering the poor peasants of Orlais presumably is a crime against the realm.

[Jedi Master of Orion]

I don't recall saying they were? But both are applicable here.

Deliberate usage of lethal force? Knowing that it would cause unprovoked death? Voluntary Manslaughter.

Unjustifiable usage of lethal force? First degree murder.

Label the crime what you will.

Standing legality aside slaying persons of the realm unprovoked is also a crime in Thedas.

 

You were the one who brought up modern legal terms that don't really apply to Thedas in the first place. The elves had one of their own murdered by humans as well before. But there was no court of law in or legal proceedings applied to either case. Just a mob of people who attacked nearby elves, only one of which was guilty of killing anyone. That is the reason most of the people died in that story.

[Master Warder Z_]

You were the one who brought up modern legal terms that don't really apply to Thedas in the first place

Actually Murder is a term that exists in Thedas

[Jedi Master of Orion]

Actually Murder is a term that exists in Thedas

 

Does Thedas also have the various degrees of murder and manslaughter? And a modern police organization that can enforce the law anywhere in the country?

[Master Warder Z_]

if we go what's presented? Brigands are brought to the local lord for crimes against the realm and they are sentenced.

Prisons even exist

So not only does Thedas have a constablry it has judicial practice.

[Eliastion]

The citizenry of Orlais be they human, dwarf or elf are actually called "freeholders" no doubt serfdom exists there but unless if you are bound to a lord you aren't a extension of them.
(...)

Are they? It's a serious question here, this is the first time I heard "freeholder" in connection with Orlais rather than Ferelden (where it's a big thing). It's possible I missed it somewhere (never really payed too much attention to how peasants are called in Orlais) but if you have a source where I could look it up since I heard it's a thing, I would be glad

I was under impression that in Orlais all land belongs to the nobility and peasants are pretty much bought and sold along with this land, as well as pressed into military service whenever their lord wishes so. But that might be just me inferring too much from Chevalier prerogatives (that pretty much state "it's not murder/rape/whatever if you're a Chevalier" and the other party isn't a noble)...

[EmperorSahlertz]

If you kill someone because you mistakenly think they are attacking you it was a misunderstanding. If someone attacks you and you fight back it was self defense. That is exactly what happened.

And you think that the Elves would have slinked back in humilating defeat, if the villagers had refused to hand them Eldarin? Please..... The Elves went there FULLY intend on making a fight out of it.

[Master Warder Z_]

Are they? It's a serious question here, this is the first time I heard "freeholder" in connection with Orlais rather than Ferelden (where it's a big thing). It's possible I missed it somewhere (never really payed too much attention to how peasants are called in Orlais) but if you have a source where I could look it up since I heard it's a thing, I would be glad

Of course.

The term was first used in reference to Orlesian citizenry in Asunder...later book as I recall.

When the mages and alike stop at that township on their way to Adamant I think.

And mass conscription is just a part of wartime in Thedas.

All nations with standing forces presumably do it.

[Jedi Master of Orion]

And you think that the Elves would have slinked back in humilating defeat, if the villagers had refused to hand them Eldarin? Please..... The Elves went there FULLY intend on making a fight out of it.

 

They didn't go there looking for a fight. It probably wouldn't have been necessary. It's unlikely the villagers would have cared to stop them doing from reclaiming an elf they probably didn't even trust. And even if they had wanted to, it's also unlikely the elves trying to take him would have provoked such a violent reaction (one that lead to a battle) as Adalene's death did.

[EmperorSahlertz]

They didn't go there looking for a fight. It probably wouldn't have been necessary. It's unlikely the villagers would have cared to stop them doing from reclaiming an elf they probably didn't even trust. And even if they had wanted to, it's also unlikely the elves trying to take him would have provoked such a violent reaction (one that lead to a battle) as Adalene's death did.

That must be why they showed up in full battle regalia..... To NOT fight... Yeah... That makes sense....... If you are an Elf...

[EmperorSahlertz]

And mass conscription is just a part of wartime in Thedas.

All nations with standing forces presumably do it.

A small technicallity here: If you have a standing army you DON'T mass conscript, since you already got a professional army at the ready. However, being a medieval setting, it is highly unlikely that any nation got a standing army (other than the Qunari). So yeah, during wartime mass-conscription is the name of the game.

[The Baconer]

A small technicallity here: If you have a standing army you DON'T mass conscript, since you already got a professional army at the ready. However, being a medieval setting, it is highly unlikely that any nation got a standing army (other than the Qunari). So yeah, during wartime mass-conscription is the name of the game.

 

Orlais and Tevinter both have professional armies.

[Master Warder Z_]

A small technicallity here: If you have a standing army you DON'T mass conscript, since you already got a professional army at the ready.

You do if you want to bolster professional forces.

Orlais has career soldiers.

[Steelcan]

Orlais and Tevinter both have professional armies.

They do? Chevaliers aren't a "standing army", but Tevinter provably does because of their war with the Qunari

[Master Warder Z_]

They do? Chevaliers aren't a "standing army", but Tevinter provably does because of their war with the Qunari

You had soldiers with decade long service records in peace time.

[EmperorSahlertz]

Orlais and Tevinter both have professional armies.

Tevinter doesn't surprise me, since they aren't feudal. But Orlais is news to me. I didn't get the "professional army" vibe from them. Havn't read too much on the subject matter though.

[Master Warder Z_]

TME offers a bit of insight.

Gaspard duels a pikemen who was in service to Orlais for a long while.

That's a common footsoldier, presumably the implication is.

They have a standing army but bolster it with conscription when needed.

[Eliastion]

A small technicallity here: If you have a standing army you DON'T mass conscript, since you already got a professional army at the ready. However, being a medieval setting, it is highly unlikely that any nation got a standing army (other than the Qunari). So yeah, during wartime mass-conscription is the name of the game.

As far as we know, they all DO have a standing army - but it's relatively small, its numbers definitely need to be bolstered for any serious war effort, the regular forces are there to deal with bandits, border patrol and random problems of similar scale. Full mobilization takes time, but time generally is available since the enemy needs to mobilize too - and it's hard to accomplish such a feat in secret.

Still, the "how" likely differs a lot. In Orlais when they lack volunteers, then the press-gang just comes and drags you out of your bed if they must. In Ferelden such a thing would be unthinkable - but nationalism there and feeling of communal responsibility is much stronger, it's THEIR country rather than the noble's who want them to fight for someone else's case - recruitment is to much greater extent (let's not say fully, that would be naive) voluntary, but refusal of call to arms likely bears significant stigma. Tevinter likely relies on volunteers from the common people, duty-bound mages and, well, slaves who have as much of a say in this as you would expect.

 

Though, for clarity's sake, these are mostly my suppositions based on what we know of structure of various societies. Apart from Orlais we have little knowledge about the way particular nations go about recruiting. 

[Master Warder Z_]

In Ferelden such a thing would be unthinkable

*coughs*

They conscript in Fereldan too.

King Calian's army?

Some like the rather amusing defecating deserter were conscripts.

Also you here rumors of various bannorns using press gangs throughout the civil war on both sides.