Crime and Punishment
Amongst humans, crimes are violations of the law. As discussed earlier, laws in human realms tend to be, largely, a listing of things which one cannot do because of their impact on the safety and harmony of the society. In essence, rules are made to protect the entire society and its structure, and those who break those rules are criminals. The contempt held for them is a result of their greedy desire to benefit from society's protection without upholding their end of the bargain, as it were. They are, essentially, cheating the community as a whole. Crime is then viewed as an insulting, dishonest action that works to the detriment of the society. Punishment is largely a punitive matter: the individual is punished both to deter their behavior and satisfy the need of the law-abiding members to feel that the unfair actions have been corrected and debts repaid. "Justice", among humans, is a concept of balance and righting of wrongs that is rooted in this basic contract. The guilty party is made to suffer and repay (through fines, work, or the loss of their health and a portion of their lifespan) what they have taken or repair the damage their actions have done. This all serves to ensure that a balance is maintained. One repays what one takes; one gives in exchange for what one is given.
Dwarves, as stated earlier, do not make laws for the same reasons humans do. Dwarven laws are a guideline for what is acceptable, rather than a listing of what is prohibitive or unacceptable. This means, however, that the social contract of dwarves differs in its fundamental nature as well. While humans see laws as a way of deciding what one surrenders or repays for the benefits of society, dwarves do not consider the situation a trade or balance. The harsh, demanding nature of underground life and the brutal warring and combat that forms the basis of much of dwarven society fosters a grimmer, more stoic view on the matter. The dwarven community is of paramount importance, and all have a place to fill and a duty to uphold. No, dwarven justice is not based on balance and exchange, but duty and obligation. One follows the laws because one must, for the home. One does what one must, and one demands others to do what they must in turn. Justice among dwarves is not maintaining the balance; it is maintaining the integrity.
For dwarves, a criminal is someone who has rejected their obligations and abandoned their duties. The severity of the crime can vary, as with humans, but the fundamental nature of crime remains the same: one has a duty, a purpose, or an order that has been ignored, defied, or otherwise rejected. Dwarven society cannot long handle individuals refusing to do their part and obey the demands of those above them; it is not always possible to know why orders have been given or what purpose they serve, but the strain placed upon a subterranean society means that problems must be addressed swiftly and completely. Just as humans place faith in their law enforcement to uphold the law fairly, so too do dwarves place faith in their leaders to guide them properly in accordance with the laws and not abuse their position of power and leadership.
As the nature of laws and crimes differs among dwarves, so too does the nature of punishment. As discussed earlier, excessive supplies and space cannot be wasted in a dwarven settlement, limiting the building of jails and prison complexes. Corporal punishment is not only a swift and humane (by dwarven standards) option, but also a corrective measure. Humans marvel at the notion that a dwarf could be beaten by his peers, then a few moments later shrug it off and share a drink with those who beat him, but this is because of their different notions of justice. A beaten prisoner has suffered pain and humiliation, but has contributed nothing back to the society in exchange for their crimes. Dwarves are not interested in maintaining balance, as said. A dwarf who has taken a beating has, essentially, been punished for straying from the acceptable course and set back on path. The matter is resolved because dwarves are interested in maintaining integrity; the guilty party has been given direct consequences for their actions and is (presumably) back on the lawful path, thus resolving the matter. Jail time is reserved for more serious crimes (along with beatings for more severe cases) to ensure the criminal has time to reflect and realize the importance of following the law and the severity of the danger their rogue behavior could bring. This brings me in turn to the most unique of dwarven offices: the hammerer.
In human lands, the Executioner represents the final and most dire of law enforcers, charged with carrying out the most serious punishment upon the most grievous offenders. Death is the only recourse for certain crimes, as the debt accrued by the guilty party is so great that only forfeiture of their very life is considered an acceptable repayment upon the harmed society. As part of this sacred duty, the Executioner becomes well versed in how to properly carry out the sentence.
The dwarven analogue to the Executioner is the Hammerer. The hammer is the oldest symbol of law and structure in the dwarven world: hammers are used to shape stone and metal in their world, and hold significant ceremonial importance as the item of society's very creation. Thus, in preserving the structure of society by upholding the law, the hammerer naturally turns to this most ancient and respected tool for his duties. Hammerers, like executioners, are called upon to handle the most dire and severe of crimes and pride themselves on knowing precisely how best to carry out their duties. Death sentences are rarely handed out among dwarves, at least not in name. The hammerer is charged with, in official wording, "Acting as the Striker upon the errant edges of the citizenry, and by direction of the Judiciary, remove or straighten those imperfections that the strength of the whole shall not falter when tried". The similarities to smithing terminology are quite obvious and deliberate: the hammerer is there to fix the small problems in the blade that is society lest it break when its strength is needed most. Consequentially, those guilty enough to deserve time with the hammerer are usually sentenced to a number of strokes that are deemed sufficient to "correct" the individual. Typically no more than a dozen strikes are handed down (more than enough to brutally injure or cripple the unfortunate criminal), but in cases where an individual is deemed deserving of death, sentences can be far more grim. Legendarily, in a case of treason where a dwarven noble nearly caused an entire city to fall to goblin invaders, the guilty noble was sentenced to "One hammer-stroke for each dwarf lost in the tragic invasion". As the city had lost several hundred by the time the invasion was repelled, it was quite clear to all that there was no intention of letting the traitor survive this particular "correction".
((Next: War and the Military))
Author
Topic: On the Nature of Dwarves (Read 36063 times)