So, you're building a setting, creating nations and governments and get to that part about the law. A lawful government is not necessarily a democratic one. It is simply one that is in keeping with the law of that land. Contrary to the popular tabloid press, a dictatorship is not illegal, if it is defined as the legal system of government in that country. So what counts as a lawful state? There are many factors that can be taken into account here. But a good place to start is the Rule of Law, and other principles that go along with it, such as separation of powers.

Regardless of whether each of us play the game or not, almost all of us are familiar with the Dungeons & Dragons alignment system, used to define whether your character is good or evil, lawful or chaotic. But this system is also often applied to states and countries. “It's a lawful good country.” Or “this dark city is lawful evil”. For the most part, I'll leave the concepts of good and evil for other columns to look into, but let's look at this idea of a state being lawful. How can a state be lawful? Surely it is the people and the government who make (or break) the law?

Well, yes, laws are made and broken by the various governing authorities. However, many countries, such as the USA, have certain fundamental laws enshrined within the Constitution which cannot be changed without extreme difficulty, regardless of who is sitting in the President's chair. Other countries don't even have that protection. The elected government can theoretically alter any laws that they want, no matter how fundamental they might seem. The UK falls into this category. And of course, countries that don't have a democratic system at all may have their laws subject to the whims of a dictator or other government system, but the theory is the same.

But beyond the written laws, both current and constitutional, are some even more fundamental concepts. This the rule of law.

The rule of law is generally not documented. There is no official wording for it, and the exact interpretation for it varies from country to country. But at a simplest level it refers to a very basic principle:

The law applies to everyone equally. No individual is above the law.

From this, can be drawn many of the other fundamental principles of a modern legal system:

Proper accountability through the separation of powers. This means keeping the executive authority (such as the President and the Cabinet), the law-making authority (Parliament / Congress etc.) and the judiciary all separate and independent from each other (something that the US manages quite well; the UK, less so). This principle in turn leads to the desire by most countries to keep other institutions separated as well – most notably religion and the military.

Ensuring that everyone has access to the law and has the right to fair trial.

Accountability of officials, ministers and other people to whom power has been conferred to ensure that powers are executed fairly and reasonably, and that the officials don't exceed those powers granted to them.

So, when creating a nation as part of a roleplaying setting, an early thing to define is whether this nation, good or evil, follows the rule of law. Does the evil overlord act within the bounds of the power granted to him? I.e. does the law of that land grant him the power to execute whoever he desires? Is there a legal process to it? Suppose he can only execute those who have been found guilty in front of a court, even if he is the judge. If he then murders someone, is he then subject to his own laws? Or is he 'above the law', because he is the Overlord, and can do whatever he likes?

And remember, even a government with the most 'good' of objectives, are still subject to the rule of law. If a paladin ruler is free to kill anyone he deems as evil, then is he above the law, or subject to it?

Next time: 'Henchmen Unite! Aiding, abetting and being an accessory to a crime.'