You know, I would usually agree with you, and your points in this discussion have been valid. I am a very strong believer in an effective legal system. Unfortunately we're not talking the UK or the USA here, we're talking about Kirkwall, where there are bandit and slaver gangs everywhere in the city; where mages are being hunted just for being mages...
How do you think the UK or USA became the UK or USA you know today? They used to be Kirkwallian in nature- bandits and slavers and weak central governments and all, where certain minorities were hunted for being minorities (and without a good reason of Magic is Dangerous to boot).
They became effective legal systems because they gradually didn't tolerate rampant corruption, even when people disagreed on the laws. To different degrees, of course- corruption never really goes away- but they never would have gotten there had elites constantly and flagrantly violated the laws on a whim and deny that they even applied. (Relative) lawfulness generally preluded the changing of laws to make them better, not the other way around. Obeying laws you don't like is a key part of the social contract of a democracy (where the majority, not you, gets to decide), and accepting the out-comesof laws you disagreement has been a long, key component of agitation for reform. (Appealing verdicts rather than attempting to flee courts, accepting fines/sentences as part of civil disobediance, and of course not launching an armed revolt every transition of power).
So if you think Kirkwall is bad, I fully agree. And if you want to keep it that way, to let people accept that gangs can go about fighting at night and get away with anything so long as they're strong and rich enough to bribe the right people, go ahead and keep doing that in the name of the Right Thing. You might unplug a few weeds, but you'll never change the culture of corruption. At best you'll just change the patron at top.
and I think in the other thread about mage Hawke, we accepted that they're willing to tolerate an apostate mage Hawke in Kirkwall because he/she is one of the few people actually helping to keep order in the city.
And because Hawke pays bribes and is too deadly to mess with when Hawke decides to spread disorder to the city instead of order. Don't forget that 'Champion' means 'fear' as much as 'loved.'
Let's not ignore, of course, that one of the other few people actually helping keep order in the City is the Templars... who Hawke and company frequently undermine. Because they're in the wrong and Hawke is right? Or because of a self-interested power struggle?
Who's to say it can't be both?
So... my view is that, yes, lawlessness is reprehensible, but crazy Kirkwall would do well with some morality as well - you know, with concepts like treating people fairly. After all, where would our legal system be without the concept of fairness?
Fairness according to whom?
The western concept of legal fairness doesn't depent on the consent or appreciation of the hunted- it's fairness as deemed by the majority of society and their approved laws, and the majority of Thedasian society approves of Templars keeping Mages in the Circles. Abuses by Templars aren't fair, and even much of the Chantry and other Templars would agree, but the Circle system would be considered fair just as it's considered widely legitimate. Apostate supporters like the Hawkes aren't the majority opinion on the Circles, or anywhere close.
If we want to consider what, say the modern Western governments would do with the mage situation, it certainly wouldn't be mage independence. As a public threat and strategic resource, modern Western fairness would run one hell of a security state operation on people who, on a bad day, easily fall into the WMD category for chemical or biological natures. Think all the global arms control and non-proliferation efforts, combined with mass surveillance to identify emergent and uncontrolled mages, combined with security state intrusions to uncover maleficar cabals, combined with constant competition with the criminal underworld to locate criminal/unsanctioned mages, combined with utilization of mage efforts in line to advance the national effort, and of course a bit of police protection to protect valuable assets from rival powers.
Forget ideologies like socialism or fascism. The modern western democracies would nationalize the **** out of the mages, and probably conscript them for good measure. They certainly wouldn't be free of constant oversight and controls, even if the modern surveillance state is so conveniently less obviously intrusive.
Lawfulness over goodness doesn't mitigate corruption either, because it perpetuates the inequalities of power that lead to corruption. And turning the law into an end of itself risks forgetting its purpose.
I disagree, based on experience in and study of some rather corrupt places.
Lawfulness over goodness provides consistency, which besides being a good in and of itself allows the quality of laws to actually matter. Consistently applied laws are the best defense against a corrupt elite- not only does the public perception of legitimacy begin to follow those laws, making corruption more costly (politically and socially) for those who would do it, but the legitimacy of those perceived laws becomes a potential weapon against corrupt elites in their own power struggles. The more consistently they're applied, the more force laws have with a public. No one respects or buys into laws that are routinely violated and ignorrred, but everyone respects a sense of certainty. That's how systems of laws work- by people believing they'll be upheld.
Bad laws are a problem, but even good laws only matter when evenly upheld. When only selectively upheld, they're the same as bad laws: a means by which the already inherit inequality of power can beat other people over the head with their power.
Lawfulness, not goodness, is what mitigates the corruption of power. It's what differentiates systemic protection from a patron-client relationship. Inequalities of power exist regardless- rule of law is what tempers that, and the only way to establish a culture of rule of law is to consistently enforce that standard in both directions. Elites have to agree that laws apply to them (where as in an abusive law system, the elite are generally corrupt themselves and aren't held to the law), and the elites also have to apply the laws consistently downward.
Building a culture of rule of law is a slow, incremental process- and one that gets set back every time elites act as patrons and make special pleading exemptions for their favored causes. Consistency, not virtue, is the most important in fighting corruption- or else even anti-corruption efforts, like the Chinese purge of rivals to the current leadership, become tools of further corruption.