[D9, EE, EVENT] A Discourse on the Laws

[Shiba Higashime]

Just what every Imperial Winter Court needs: an impromptu symposium on a potentially sensitive suspect. Shiba Higashime has had the reception hall arranged as a mirror of the Court chamber. At the head of the chamber is a small dais featuring an empty chair. At its foot, a seated Kakita Hajime is speaking with a standing Higashime. As those attending file into the chamber, Higashime gives Hajime a firm nod, then strides to the center of the chamber, her hands balled into fists planted firmly on her hips.

“Greetings, delegates,” she says firmly, “and welcome to my symposium on the law. We are fortunate that the Emerald Champion has accepted my invitation to observe this debate.” She pauses to turn and acknowledge Hajime, still seated behind her, with a bow. “Our debate will hinge on a singular hypothetical case which, Fortunes willing, will enhance our understanding of the law, which is our surest and strongest support in troubled times.”

She pauses for effect, and six people–actors, you realize from their masks—file out from behind the dais to take up positions in the center of the room.

“Lord Baisho,” Lady Shiba narrates, and an actor steps forward wearing a mask with a very prominent straw mustache, “has died.” And the actor reaches one claw-like hand into the air as he collapses on the ground. His hand twitches and then falls to his side with a dull thud. “He led a good life, was a faithful servant to his Daimyo, a good lord to his people. But he has no children. It is the end of his line.” The other actors begin to sniffle and weep.

“Fortunately,” Lady Shiba continues, “he has several near relations who can step in to relieve his lord of the burden of managing the estate.” And just like that, the weeping stops. Each actor leans in, the picture of attentive listening. “There is Lord Baisho’s first cousin, lady Bian.” An actress wearing a truly lovely kimono whose mask has its cheeks painted a pale red steps forward and strikes a pose meant to project gentility and poise. “She is a close relation, and well respected, but her mother, Lord Baisho’s sister, married out of the clan. Would they release her to take up her inheritance in Lord Baisho’s clan? Can fealty be so easily set aside?”

“Then there is Baisho Izuku.” An actor steps forward dressed in the traditional costume of a bushi. His bearded mask bristles ostentatiously as he strikes a martial pose. “He is a third cousin to Lord Baisho, more distantly related to Lord Baisho than Lady Bian, but not so distantly that he is a stranger. He is well liked by Lord Baisho’s retainers, but is inexperienced in leadership and has yet to prove himself to the Daimyo’s court.” Higashime frowns. “Not that these things are deeply meaningful to the law, but they are as they are.”

“We also have Baisho Reichiro.” This actor is wearing a mask cleverly painted to appear wrinkly, with a heavy beard. He hobbles forward on shaky legs to take up a position at the actor playing Izuku’s side. “A grandfather, Baisho Reichiro is a second cousin of Lord Baisho. Closer than Izuku, not so close as Lady Bian, much older than either of them, for what that is worth. Reichiro is a member of Lord Baisho’s security team, or was.”

“Then we have Lady Hikari.” Lady Hikari’s actress is a powerfully built woman, or at least carries herself that way. And yet she glides to center stage like a swan, oozing grace and cultivation. “Lady Hikari is a fourth cousin of Lord Baisho; so distantly related that she has power in her own right from other sources. What might have been reserved for Lord Baisho had she been more closely affiliated with the main branch has instead pooled into her hands. She has influence everywhere, but no children.”

“These are all of the heirs of Lord Baisho. It falls to…” But there is one actor remaining, dressed shabbily in a wrinkled and patched kimono with the false swords of a bushi and a mask depicting a four-day’s growth of beard. He starts to jump up and down and wave his heads, desperate to get Lady Shiba’s attention.

“Ah.” Lady Shiba’s humorless eyes fall on the actor. “But of course there is one more. He, too, is a cousin of Lord Baisho. Not a particularly close one. A 1st cousin, once removed. And yet…” She pauses, stretching the moment of false indecision to the breaking point, “...there is a deeper history. For Lord Baisho’s family, like the lords of so many noble houses, was, though legitimate, not the only branch of their house to govern in their proud history. Lord Baisho’s great uncle had, for a time, held the reins of power. And as he did so, this man had a son. Tomo.”

The actor bows deeply at the acknowledgment.

“But Tomo is unknown to the retainers of Lord Baisho. He did not inherit on his father’s retirement, that honor instead going to Lord Baisho’s father. We cannot know the reasons why, but we do know that he has lived as a ronin in the intervening years and has been called back, at Lord Baisho’s request, for some purpose that, owing to Lord Baisho’s unfortunate death, remains a mystery.”

Lady Shiba’s inflection on this matter projects nothing as to her true opinion. As dispassionate as a statue of Togashi, she continues. “I now leave the question in your learned hands: which of these, in the absence of a clear will from Lord Baisho, is Lord Baisho’s true and lawful heir?”

[Cearnach]

Using the Court Actions Rules system, with Shiba Higashime as the presiding officer, participating characters must debate which of the “heirs of Lord Baisho” is the legal heir of the dead extremely hypothetical lord.

When making your Court Rolls for this thread, you may, if you wish, substitute Lore: Law/Intelligence for any rolls required. Doing so earns 5 additional Court Points from that Action. You may not take the Present an Offering or Quash Debate actions. The TN of court actions for this event is generated by the presider, Lady Shiba: 25

The winning argument will influence Shiba Higashime and Kakita Hajime’s attitudes toward the Imperial Succession, in addition to the normal Glory awards for courtly debate.

[Doji Arai]

Doji Arai takes the initiative to be the first to speak. She bows to Lady Shiba and the Emerald Champion before speaking.

"This should be fairly simple. There is only one candidate who is young yet experienced. She already has the heirs to secure future stability. She has proved her grace and her ability to navigate through difficult challenges. She is the closest living relative and thus blessed by Heavens and tradition to lead. Claiming that Lady Bian should be excluded on the terms that fealty cannot change is doubting every samurai's oaths and numerous marriages through the centuries that had samurai change colors and mons."

/D9, EE, courtier/awareness, VP, BB, introduce a heir, 2 raises | 8k6 ⇒ 48 (TN: 35)

Success and 2 raises to introduce the position that Doji Noriko is da best for this!

[Kitsu Sayomi]

Kitsu Sayomi was the next to step forward, bowing to those gathered. So hypothetical...

"I would be inclined to agree with Doji-sama's position that Lady Bian is a suitable successor to Lord Baisho, however I don't think words of fealty should be so easily dismissed. For a samurai to change their colors and mon is a huge step in this part of their role in the Great Wheel of life, death, and rebirth, not to be changed at a whim when it is suitable."

"Instead, I would say that Lord Baisho Reichiro is the sensible option. He is the closest related out of those still in the family, and already have heirs - who in turn have their own heirs. Stability is ensured for at least three generations of the Baisho, and the more senior Reichiro will have the wisdom of age as well as experience, and also knows much of how Lord Baisho himself conducted his family's affairs as someone who was close to them, having been a member of their security."

-----

D9 EE EVENT: A Discourse on the Laws. Lore: Law/Intelligence. +1k1. 2 raises YOLO! | 6k5 ⇒ 41 (TN: 35)
(success + 2 raises + using Lore: Law) 25 Points says Seppun Tomaru is the right option!

[Shiba Ryusei]

Ryusei took the floor next.

"I would submit that we can use process of elimination. To begin with... this is a matter of law. Not who is most fit, not who we think would most wisely manage the Baisho estate. Not who has heirs to prevent this selfsame question from arising again when Emma-O collects his inevitable due."

He began counting down.

"First, we may eliminate Lady Hikari. Her relationship is the most distant. A fourth cousin should not inherit when closer relations are to hand."

One down. Four to go.

"Then, Izuku, a third cousin."

Three left.

"Then we come to Lady Bian, Tomo, and Reichiro. Lady Bian's relation is closest, and were we discussing a teapot as inheritance, none would argue her rights. She is closest by blood and should have the greatest claim. But we are discussing inheritance of an estate, and the duties that come with it."

With that little flourish out of the way, he dug down.

"If my entire generation of House Shigi were to die without issue, and a search for heirs turned up the nearest blood relation loyally serving the Crab Clan and already wed, it would be cruel indeed to all concerned to force this hypothetical Crab to forsake their oaths of fealty- depriving their lord the Crab Champion of their services- to hand over custody of a Phoenix Clan holding in the heart of the Shiba lands. Especially if the same search turned up a more distant relation with no such entanglements."

A pause. Ryusei bowed toward Arai.

"If Lady Bian were unwed, and could be reborn through marriage, thus adopting a new fealty in a way acceptable to the laws of the Empire, the case would be simple. But she has duties to her lord- and as a good samurai of good character, her duties are paramount. In this case, a slightly more distant relation whose fealty is already the same as Lord Baisho's would appear to be legally correct."

A pause.

"And then we come to Tomo. His claim of blood is actually quite close. A second cousin, he has a good claim. But so does Reichiro. And Reichiro already serves in the Baisho organization. His fealty is proven, and his oaths are sworn. While Tomo is not encumbered by competing fealty, as ronin, he exists somewhat... outside of the law. This might be a good way for him to move within it... but were I responsible for Baisho's estate, I would wish to see evidence of loyal service to give his claim weight equal to that of Reichiro."


--
Concur with Kitsu Sayomi, Courtier/Awareness, TN 25, Benten's Blessing applies. Action 1 of 4 because Shiba-ue is presiding and from the best school. Spending 1 Void for +1k1 | 7k5 ⇒ 52 (TN: 25)

10 more Tomaru Points

Sakkakku keeps giving me bonkers rolls, but I still don't trust it.

[Agasha Yuna]

Yuna stepped forward and gave a deep bow to Shiba-ue.

"Others have made the point that closeness of blood relationship should be a factor, and leaves only consideration of Lady Bian and Baisho Reichiro. I concur. Here there remains a specific legal question. Does Lady Bian's current membership in the 'Lady Bian' clan impact her candidacy?"

"Before saying anything more, I would like to express my gratitude to Heaven that these two candidates - while we all agree this is not a legal requirement - are both admirable and worthy individuals, distinguished by their character and service."

"But, returning to the specific question of law and succession. It is a legal fact that specific families may have law and precedent that considers factors other than nearness of blood in succession. This is particularly likely to be the case when there are aspects of that family's very purpose and role that require something else. In House Ageki, the Daimyo is the eldest shugenja child or blood relation. That has been understood to be a requirement since the House's founding in the 1st century by the Kami Togashi. It is a legal fact and precedent. It says absolutely nothing about my worthiness as an individual to recognize that I should not succeed my father, though I am his eldest child. I am simply not a shugenja."

"So... is there a requirement and precedent of that kind for the hypothetical Baisho family?"

"Legal precedent has two meanings. First, it is a rule, or principle of law, that has been established by a previous ruling by a court of higher authority. Second, it is a systematic, unbroken line of historical practices, without any prior legal challenge, deserving judicial deference."

"Returning to the hypothetical Baisho case, is it possible that there has been a systematic, unbroken line of historical practice that the Baisho heir must be a present member of the Baisho family? Or perhaps set of Baisho families? I think we could agree that is the case in this thought exercise."

"And, has a court of higher authority made a ruling on this matter? A ruling about the relationship of the Baisho family to the non-Baisho families? Perhaps a set of non-Baisho clans presently occupying positions of equal authority beneath the authority of the Baisho family?"

"I think we could imagine - hypothetically - that the highest possible authority, Heaven and the Kami, faced this very question once. That the Baisho family founder, and the 'Lady Bian' family founder, and indeed the founders of all the clans, agreed to a tournament. A binding series of duels. And that all would abide by the result of that tournament. And its result was the establishment of the Baisho Daimyoship with one family. And all the other clans, including Lady Bian's, then had specific roles reflecting the greatest graces of their founders - important and co-equal roles - but which did not include leadership over any other such clan, a role specifically reserved to the Baisho-perial family."

"I would conclude that there is clear legal precedent - both of historical practice and of ruling by higher authority - that the Baisho Daimyoship remain within the Baisho families for it is their specific impartiality that is essential to the execution of the role. To make a current member of a non-Baisho family the Baisho Daimyo greatly disrupts that legal precedent, and greatly disrupts the legally established balance of power between the non-Baisho clans."

"For reasons of legal precedence established since the first Baisho Daimyo, Baisho Reichiro-sama is the best and most legally eligible candidate."

https://sakkaku.org/r/16450 46 vs TN25 Etiquette (courtesy) rolled
10 for Seppun Tomaru

[Yasuki Ryoichi]

“I agree with my distinguished colleagues that it could not be proper for the estate to pass out of Clan,” the slim Yasuki began. “But in fact this supports the idea that Tomo should be the rightful heir. As the son of the brother of the father of the mother of Lord Bansho, he is clearly a closer relation than the son of the son of the brother of the uncle of the mother of the lord. And the son of the brother of the father of the mother of Lord Bansho is even more so closer to the lord’s line than the son of the son of the son of the son of the uncle of the father of the mother of Lord Bansho. To say nothing of the daughter of the son of the son of the grandson of the daughter of the aunt of the father of the mother of Lord Bansho - for that reason Lady Hikari is certainly right out. Or was she the daughter of the daughter of the son of the grandson of the daughter of the aunt of the father of the mother of Lord Bansho? Wait … let me get a piece of paper.”

Producing paper and ink, Ryoichi began scrawling genealogy charts with wild abandon. “No, I was right, Lady Hikari is the daughter of the son of the son of the grandson of the daughter of the aunt of the father of the mother of the Lord,” he said, licking his lips. “And Reichiro is descended from the son of the brother of the uncle … no wait, this is just an ink splotch.” The Yasuki quickly crossed the splotch out with his pen.

“In summary, that is why Tomo is the closest relation that is free from loyalty to another clan, and is therefore the correct choice,” Ryoichi said, drawing three circles around the character for Tomo, then brandishing his makeshift genealogy chart triumphantly. “It’s so clear!”

—
9EE Introduce position that Tomo is the rightful heir with 2 called raises, Etiquette/Awareness +Benten’s +Mastery TN35 | 10k5 ⇒ 21 (TN: 35) horrendously fails for -20 court points

[Agasha Sanjuro]

Sanjuro rises and speaks.

"As Shinsei said, "It takes a wise man to see an obstacle as it truly is and not as it appears to be.' 'In simplicity, there is honor.'
The simple answer is Lord Baisho’s first cousin, Lady Bian."

"The simple answer is the closest, who can be fully supported by the others to bring forth the rightful reign. It does not offend the law. Once Lady Bian is in place, her duty and loyalty are to the the Baisho daimyoship and no longer to the soon to be former clan."

[D9, EE] A Discourse on the Laws - Introduce an heir, VP 1 raise | 8k5 ⇒ 72 (TN: 30)
[2 successes -> +15 court points for Doji Noriko]