Constitution of the Jedi?

[Carn Dista]

So basically, in the high council thread I brought up the idea of a potential constitution. This is in no way complete, and it doesn't cover what to do with darksiders and the like, but it's a rough sketch of what a potential constitution could look like if implemented within the Jedi.

Thoughts, feedback, and general nitpicking in order to tweak/modify/etc. the document would be great, because something like this could really benefit the Jedi, at least in terms of making it feel more "religion-ey", if you get what I mean.

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Spoiler

[SIZE=12pt]This Constitution provides the framework within which the Jedi Order governs itself. The Constitution sets forth the fundamental rights and corresponding responsibilities of members and the basic structure for decision-making and action within the Jedi Order. All laws, regulations and customs of the Jedi Order shall be carried out within this Constitution's framework and spirit. [/SIZE]
[SIZE=12pt]I. PREAMBLE[/SIZE]

1. [SIZE=12pt]We the people of the Jedi Order hold that because all beings are bound by the Force, all persons are to be treated with dignity and equality, each person having the same fundamental rights and responsibilities regardless of their past history.[/SIZE]
   
2. [SIZE=12pt]We hold that the Order's mission, grounded in the teachings handed down to us by our forefathers, is to proclaim and show forth the ways of the light side of the Force. We hold that the Order realizes this mission within the context of the laws which it enacts to foster and preserve the spirit of the Force and to assist its members as they endeavour to live by the teachings of the Jedi Order.[/SIZE]

[SIZE=12pt]Fundamental to the Order's mission are certain rights and responsibilities which pertain to all members.[/SIZE]

[SIZE=12pt]II. RIGHTS AND RESPONSIBILITIES[/SIZE]

1. [SIZE=12pt]The following are the fundamental rights of the Order, flowing either from a Jedi’s basic Galactic rights or their basic rights as Jedi. Each right entails a corresponding responsibility on the part of the rights holders, some of which are so obvious that they do not require specific articulation. In all instances these rights and responsibilities apply to all Jedi, regardless of race, age, nationality, sex, sexual orientation, state-of-life, social or economic position.[/SIZE]

[SIZE=12pt]A. Basic Galactic Rights and Responsibilities[/SIZE]

1. [SIZE=12pt]All Jedi have the basic Galactic rights e.g., (a.) freedom of action, (b.) freedom of conscience, (c.) freedom of opinion and expression, (d.) the right to receive and impart information, (e.) freedom of association, (f.) the right to due process of law, (g.) the right of participation in self-governance, (h.) the right to the accountability of chosen leaders, (i.) the right to the safeguarding of one's reputation and privacy, (j.) the right to education and the corresponding duty to exercise them responsibly.[/SIZE]
   
2. [SIZE=12pt]As a consequence of the basic Galactic right of freedom of action, all Jedi have the right to engage in any activity which neither causes harm nor infringes on the rights of others.[/SIZE]
   
3. [SIZE=12pt]As a consequence of the basic Galactic right of freedom of conscience, all Jedi have the right and responsibility to follow their informed consciences in all matters.[/SIZE]
   
4. [SIZE=12pt]As a consequence of the basic Galactic right to receive and impart information, all Jedi have the right of access to all information possessed by Order authorities concerning their own spiritual and temporal welfare, provided such access does not infringe on the rights of others.[/SIZE]
   
5. [SIZE=12pt]As a consequence of the basic Galactic right of freedom of opinion and expression, all Jedi have the right to express publicly in a responsible manner their agreement or disagreement regarding decisions made by Order authorities.[/SIZE]
   • [SIZE=12pt]a.) Jedi have the right and responsibility to make their opinions known in a responsible manner, especially where they have first-hand experience of the issue at hand.[/SIZE]
     
   • [SIZE=12pt]b.) Jedi teachers and scholars of theology have a right to, and responsibility for, academic freedom; the acceptability of their teaching is to be judged in dialogue with their peers and, when appropriate, Order authorities. Such scholars and teachers will keep in mind that the search for truth and its expression entails following wherever the evidence leads, and hence, the legitimacy of responsible dissent and pluralism of thought and its expression.[/SIZE]
     
6. [SIZE=12pt]As a consequence of the basic Galactic right of freedom of association, all Jedi have the right to form voluntary associations to pursue Jedi aims; such associations have the right to decide on their own rules of governance.[/SIZE]
   
7. [SIZE=12pt]As a consequence of the basic Galactic right to due process of law, all Jedi have the right to be dealt with according to commonly accepted norms of fair administrative and judicial procedures without undue delay, and to redress of grievances through regular procedures of law.[/SIZE]
   
8. [SIZE=12pt]As a consequence of the basic Galactic right of participation in self-governance, all Jedi have the right to a voice in decisions that affect them, including the choosing of their leaders, and a duty to exercise those rights responsibly.[/SIZE]
   
9. [SIZE=12pt]As a consequence of the basic Galactic right to the accountability of chosen leaders, all Jedi have the right to have their leaders render an account of events to them.[/SIZE]
   
10. [SIZE=12pt]As a consequence of the basic Galactic right to the safeguarding of one's reputation and privacy, all Jedi have the right not to have their good reputations impugned or their privacy violated.[/SIZE]
    

[SIZE=12pt]B. Basic Jedi Rights and Responsibilities[/SIZE]

1. [SIZE=12pt]As a consequence of their entrance to the Order, all Jedi have the right to receive in the Order those ministries which are needed for the living of a fully Jedi life, including:[/SIZE]
   • [SIZE=12pt]a.) Instruction in the traditions of the Order and the presentation of spirituality and moral teaching in a way that promotes the helpfulness and relevance of Jedi values to contemporary life; and[/SIZE]
     
   • [SIZE=12pt]c.) Masteral care that applies with concern and effectiveness the Jedi heritage to persons in particular situations.[/SIZE]
2. [SIZE=12pt]As a consequence of their entrance to the Order, all Jedi have the right to exercise all ministries in the Order for which they are adequately prepared, according to the needs and with the approval or commissioning of the community.[/SIZE]
   
3. [SIZE=12pt]As a consequence of their entrance to the Order, all Jedi have the right to expect that the resources of the Order expended within the Order will be fairly distributed on their behalf.[/SIZE]
   
4. [SIZE=12pt]As a consequence of their entrance to the Order, as well as the social nature of Galaxy of which the Order protects, all Jedi have the corresponding responsibility to support the Order through their time, talents and financial resources.[/SIZE]

[SIZE=12pt]III. GOVERNANCE STRUCTURES
A. Fundamental Insights[/SIZE]

1. [SIZE=12pt]Through the centuries the Order has wrestled with the concrete issues of the exercise of power and law, without which no society can survive, let alone develop to a Galactic scale. In this long period the Order both benefitted and suffered from many experiments with power and law in a great variety of cultures. In testing them for itself the Order gained wisdom in both negative and positive ways, i.e., it learned much about what works well and what does not
   .[/SIZE]
2. [SIZE=12pt]Two key insights gained from all these experiences are fundamental for the governance of the Order in this millennium. One is that shared responsibility and corresponding freedom are at the heart of being Galactic, both individually and communally. The second is that the most effective means of arriving at an ever fuller understanding of the Force is through dialogue which should be carried on both within the Order and with those outside the Order. It is on this long experience and wisdom of the Order, especially these two key insights that this Constitution draws and builds in its governance structures.[/SIZE]

[SIZE=12pt]B. Principles[/SIZE]

1. [SIZE=12pt]It is of the essence of the Order to be a community. The most basic unit of that Order community is where members daily live their lives. Beyond this the fundamental unit of the Order is a local community, most often but not exclusively the Galactic Republic.[/SIZE]
   
2. [SIZE=12pt]In keeping with the spirit of the Order, developing Galactic experience, and the dynamic Jedi tradition, especially its two key insights of shared responsibility-corresponding freedom and dialogue, the following basic principles shall shape the governing structures and regulations of the Order:[/SIZE]
   • [SIZE=12pt]a.) The principle of subsidiarity shall rule throughout the Order, that is, all decision-making rights and responsibilities shall remain with the smaller community of the High Council unless the good of the broader community specifically demands that it exercise those rights and responsibilities.[/SIZE]
     
   • [SIZE=12pt]b.) Throughout the Order the formulations and applications of the tradition shall be arrived at through a process of charitable and respectful dialogue.[/SIZE]
     
   • [SIZE=12pt]c.) Throughout the Order each community shall form its own body of governing regulations, but all shall answer to the High Council.[/SIZE]
     
   • [SIZE=12pt]d.) Throughout the Order leaders shall be elected to office through appropriate structures, giving voice to all respective constituents.[/SIZE]
     
   • [SIZE=12pt]e.) Council Members shall hold office for a specified, limited term, unless voted into the position for the remainder of their lifetime within the Order.[/SIZE]
     
   • [SIZE=12pt]f.) A separation of legislative, executive and judicial powers, along with a system of checks and balances, shall be observed. This entails representatively elected councils and leaders, as well as established judicial systems at all levels. All branches share responsibility in ways appropriate to the spirit of the Order and this Constitution.[/SIZE]
     
   • [SIZE=12pt]g.) All leaders and councils will regularly provide the Order an account of their work, to be reviewed by an outside auditor when appropriate.[/SIZE]

[SIZE=12pt]C. Councils[/SIZE]

1. [SIZE=12pt]At every level of Order communion - local, diocesan, national, and universal, or other as warranted, a sole High Council shall be established which shall serve as the principal decision-making body of the Jedi Order. The council is to observe the following:[/SIZE]
   • [SIZE=12pt]a.) The principles of subsidiarity and dialogue are to characterize the deliberations and decisions of each council.[/SIZE]
     
   • [SIZE=12pt]b.) Members of the councils shall be elected in as representative a manner as possible, including, when appropriate, representatives of various organizations within that Order.[/SIZE]
     
   • [SIZE=12pt]c.) Members of councils shall serve for a specified term of office, unless voted into the position for the remainder of their lifetime within the Order.[/SIZE]
     
   • [SIZE=12pt]d.) Councils at each level shall formulate their own body of governing regulations, bearing in mind the appropriate regulations of the broader communities within the Order.[/SIZE]
     
   • [SIZE=12pt]e.) Each council's governing regulations shall determine the number, manner of election, and term of office of members, and how decision-making responsibilities are to be distributed, as well as specifying other Order procedures, preserving the basic governance principles expressed in this Constitution.[/SIZE]
     
   • [SIZE=12pt]f.) The rule of one person, one vote shall prevail in all council meetings.[/SIZE]
     

[SIZE=12pt] The High Council[/SIZE]

1. [SIZE=12pt]The High Council shall function as the principal decision-making body of the universal Order. The High Council shall bear ultimate responsibility for the formulation of the laws and regulations governing the universal Order as well as the establishment of policies and regulations concerning doctrine, morals, worship, education, social outreach, administration, finances and other activities carried out in the name of the universal Order, bearing especially in mind the principle of subsidiarity. The Grand Master and Master of the Order elected by the High Council shall be Co-Chairs of the High Council.[/SIZE]
   
2. [SIZE=12pt]The members of the High Council, being a total of no more than 12, shall be elected in staggered fashion for ten year terms, unless voted into the position for the remainder of their lifetime within the Order. The High Council shall meet at least once a year.[/SIZE]
   
3. [SIZE=12pt]If there is not already a High Council Constitution and/or body of governing regulations, the first High Council shall formulate one or both, to be approved by two-thirds of the High Council, preserving the basic governance principles expressed in this Constitution.[/SIZE]
   
4. [SIZE=12pt]The Constitution of the High Council and its governing regulations, together with the governing regulations of all the offices which it shall set up, shall all have the same legal status as the Constitution. Any amendments to the aforementioned shall be subject to the section IV Amendments procedures of this Constitution.[/SIZE]
   
5. [SIZE=12pt]The High Council shall through committees or agencies bear ultimate responsibility for implementing the laws, regulations and policies of the Jedi Order.[/SIZE]

[SIZE=12pt]D. Leaders[/SIZE]

[SIZE=12pt]Jedi Masters[/SIZE]

1. [SIZE=12pt]Jedi Masters shall be chosen only by their potential peers, and approved by the High Council.[/SIZE]
   
2. [SIZE=12pt]A Master shall serve as a leader of the Order. Within the policies set by the High Council, they bear the main responsibility for meditation, spiritual and moral instruction within the Order. This responsibility entails:[/SIZE]
   • [SIZE=12pt]a.) Instruction in the Jedi tradition and the presentation of spirituality and moral teaching in a way that promotes the helpfulness and relevance of Jedi values to contemporary life; and[/SIZE]
     
   • [SIZE=12pt]b.) Care that applies with compassion and effectiveness the Jedi heritage to persons in particular situations.[/SIZE]
     
3. [SIZE=12pt]Masters have both a right to and responsibility for proper training and continuation of their education.[/SIZE]
   
4. [SIZE=12pt]Masters have a right to fair financial support for the exercise of their office, as well as the requisite liberty needed for the proper exercise thereof.[/SIZE]

[SIZE=12pt]The Master of the Order[/SIZE]

1. [SIZE=12pt]The Master of the Order shall be chosen by the High Council in accordance with the Constitution.[/SIZE]
   
2. [SIZE=12pt]The Master of the Order shall serve as the leader of the High Council. Within the policies set by the High Council, they bear the main responsibility for meditation, spiritual and moral instruction, and care dimensions of the Order, bearing in mind the principle of subsidiarity.[/SIZE]

[SIZE=12pt]Grandmaster[/SIZE]

1. [SIZE=12pt]The Grandmaster of the Jedi Order shall be elected for a single ten-year term by the High Council.[/SIZE]
   
2. [SIZE=12pt]The Grand Master together with the High Council and their agencies and committees bear the main responsibility for carrying out the policies set by the High Council, especially in the areas of the leadership, doctrinal, moral and spiritual instruction, and care functions of the Jedi Order, bearing in mind the principle of subsidiarity.[/SIZE]

[SIZE=12pt]IV. JUDICIAL SYSTEM

A. Principles[/SIZE]

1. [SIZE=12pt]The Jedi Order is a pilgrim order, always in need of reform and correction. Disputes, contentions, and crimes against the rights of members will regrettably occur. These are to be resolved by processes of conciliation and arbitration. Where this proves impossible, Jedi may take such cases to the Order's tribunals for adjudication. All Jedi are entitled to fair and due process under ecclesiastical law. All personnel involved in the Order's judicial system shall be appropriately trained and competent.[/SIZE]
   
2. [SIZE=12pt]A system of diocesan, provincial, national and international tribunals shall be established, which shall serve as courts of first instance, each with designated courts of appeal. These tribunals shall be governed by this Constitution and subsequent laws in keeping with it.[/SIZE]

[SIZE=12pt]B. Tribunals[/SIZE]
[SIZE=12pt]a.) Local and Regional[/SIZE]

1. [SIZE=12pt]Every Temple shall establish a tribunal, or make other arrangements, for the judicial hearing of contentious and criminal cases which are brought before it by its people.[/SIZE]
   • [SIZE=12pt]a.) Tribunals shall have competence over all matters which pertain to the internal order of the local and regional Order. These include all acts defined by the general ecclesiastical law as administrative acts, crimes, jurisdictional disputes, and matters of equity and restitution.[/SIZE]
     
   • [SIZE=12pt]b.) Tribunals shall conduct their operations according to the procedural law established by the Jedi Order.[/SIZE]
     
   • [SIZE=12pt]c.) Appeals against the judgment of a tribunal shall be heard by the tribunal of the respective ecclesiastical province.[/SIZE]
     
2. [SIZE=12pt]All cases involving a member of the High Council shall be heard by a tribunal of Jedi Masters.[/SIZE]

[SIZE=12pt]C. Continued Fitness for Office of Leaders[/SIZE]
[SIZE=12pt]Order leaders shall serve out their elected term of office unless the question of competence and continued fitness for office is formally raised in accordance with constitutionally established norms. Determination of such competence and fitness for office may be made by the office-holder's ecclesiastical superior or by the appropriate Council, due process being observed. In the case of the Grand Master, such determination is to be made by a regular or special session of the High Council. [/SIZE]
[SIZE=12pt]V. AMENDMENTS[/SIZE]
[SIZE=12pt]This Constitution can be amended by a three-quarter vote of the High Council, and a subsequent ratification by three fourths of the National Councils within a five year period after the passage of the amendment by the High Council. [/SIZE]
[SIZE=12pt]VI. IMPLEMENTATION[/SIZE]
[SIZE=12pt]This Constitution will come into force upon its adoption by a duly authorized Constitutional Convention. [/SIZE]

 

[Vulpesen]

On account of dark siders, I believe that Jedi should have the responsibbility to make some attempt to turn them to the light.

 

[Carn Dista]

@[member="Vulpesen"]
If you were to write that up in a style similar to the above constitution, how would you present it?

 

[Soeht]

As I said earlier, see: Jedi Code.

 

[Vulpesen]

As a moral and spiritual order, all Jedi have both the right and the responsibility to make an effort of turning any dark side user to the light before passing any form of punishment upon them. (Granted I'm no expert diplomat and that may need some tweaks, but it's at least a start if nothing else.)

 

[Carn Dista]

@[member="Daella Apparine"]
the code is fairly open to interpretation depending on how it was taught to the character. A constitution is less flexible.

 

[Soeht]

Think of it as the Bible, or any other holy text. One can say much to left to interpretation. However, the interpretation for a group such as the Catholic Church is settled by the Papacy itself. Mirror this with the Jedi, and the High Council will be the interpreters of the Jedi Code. Judgements made by the High Council effectively become law for the Jedi Order - much in a way that common law is created.

This is why only the Jedi Code is required. Interpretation has been done for everyone already, or will be done by the High Council if needed. Reassessment in previous judgements will be done if required. Nothing needs to be created for the Jedi Order other than the High Council actually governing the Jedi Order as it does in canon.

 

[Selena Halcyon]

Yeah, this is very unnecessary because the Jedi already have the code(s).

 

[Carn Dista]

@[member="Daella Apparine"]

Just to let you know, this is posted from my phone, so its not going to be the most in depth of counter arguments...


In terms of your analogy, you're entirely right. I completely agree with you, in that the code should be enough. In honesty, I wish it was only the code that the Jedi needed to portray Jedi in a roleplaying group, but that hasn't worked out so well, what with war criminals being let back into the order, other jedi openly beating on students or non jedi without first using form zero, or the bunch of canon defying things I've seen whilst reading through as many Jedi posts as I can get my hands on. Granted, this character wasn't on the board when any of that happened for me to really comment with any authority, but it's more than clear that the code, in terms of roleplay, is never enough to keep people roleplaying Jedi, and not thugs with lightsabers.

In terms of canon thats also true- there's the pillars, the tenets, and all the little bits and bats of teachings here and there from the near infinite sources that the Jedi have access to. They all supplement and add to the code, and theyre all designed to keep the Jedi being Jedi, because the code simply isn't enough on its own.


To use your analogy of the catholic church- The Papacy has an absolute crapyonne crap tonne of doctrines, codexes and rules that came along long after the bible. They detail how the church should be run, from the individual all the way through to how the pope is elected, and what to do in the event of finding heretics. Very little, if any of that, is information contained within the Catholic bible.

Now look at how old the Catholic church is in comparison to the Jedi Order is meant to be. It stands to reason that the Order would have at least one form of governing doctrine outside of the code that dictates how the order is meant to run, and well, why shouldn't it? Think of this like a codex of Jedi life, from basic rights all the way through to completely structuring the order, with a quick pit stop at how to deal with darksiders.



TLDR:
The code isn't nearly enough on its own, just as the bible, koran (sp?) or torah isn't nearly enough to sustain catholicism, islam, or judaism on a global level (never mind the galactic level of the jedi order).

A codex or constitution would solve all the things in the high council thread bar where the high council chooses to keep its... well. Council, as it would be written down to as something to refer to when people get stuck, for example, how to vote in a grandmaster, or jedi master, etcetera.

 

[Selena Halcyon]

, but it's more than clear that the code, in terms of roleplay, is never enough to keep people roleplaying Jedi, and not thugs with lightsabers.

This really is not a deficiency with the code but with RPers. The way to change that culture is to have people RP strong code following Jedi which people will want to emulate because then they'll get that the code does not restrict them.

Adding more things or trying to hedge their ways with rules and regulations just means they'll most likely go rogue.

 

[Vulpesen]

It should not be forgotten that the interpretation of the code is what gives the jedi their freedom to do their job. When last bound by a constitution(the republic) they were stopped on not only a moral grounds, but also a lawful ground. To bring about a limiting document may in fact hurt the jedi order's ability to help others by causing them to wonder "Is this within the boundaries of the constitution?" It would be better to leave the jedi free of such a limitation so that they do not have to worry about being sopped by any laws.

 

[Selena Halcyon]

Vulpesen brings up another great point there.

Btw, and I should have done this when I first posted, you did write up a very nice document, Carn, and clearly put a good amount of time on it. My reservations is about the concept, not the work you did.

 

[Soeht]

Jedi laws or whatever made by the High Council is fine. That's their purpose. Yet as far as looking for a constitution, the Jedi already have one.

What is a "constitution"?

3.
a. The system of fundamental laws and principles that prescribes the nature, functions, and limits of a government or another institution.
b. The document in which such a system is recorded. [source]

Commentary: A constitution is therefore the ultimate document on which an organization is founded upon. It supersedes all other laws.

Nearly every organization in real life has one, even if it is not named a constitution. It might just be the mission statement, but there is something that defines the organizations purpose and goals and where all other judgements are based off of.

What is the Jedi Code?

The Jedi Code was a code of conduct that established rules and modes of behavior for all Jedi. [source]

Commentary: The Jedi Code fulfills the practical needs of a constitution by defining what the Jedi are and how they act.

Who enforces and interprets the Jedi Code?

As the governing body of the entire Jedi Order, the High Council's decision was final and to be respected by all Jedi. [source]

Commentary: As the governing body of the Jedi, the High Council would most likely look upon the Jedi Code when making judgements and deciding the direction of the Jedi Order. They also have the final say on the Jedi Code as a result of having the final say for the entire Jedi Order. Having a governing body be the official interpreter of governing documents is something real life organizations do.

Where do the many other rules of the Jedi Order come from?

The Code was not necessarily a strict set of rules, but a general set of guidelines that Jedi were encouraged to keep in mind as they went about the business of the Order. Numerous Jedi teachings interpreted and expounded on the Code in subsequent millennia. These rules, created and embraced by the Jedi Masters, were essential tools in a Jedi's growth. [source]

Commentary: Jedi Masters made the rules by interpreting the Code. As a result, a significant portion of rules were customary and continued mostly because of because of tradition. Yet going back to the previous part about who interprets the Jedi Code, it is made obvious that the Jedi High Council is the final word on what goes on in the Jedi Order. Therefore, if the Council believes something goes against the Jedi Code or is interpreted wrong, they will step in if necessary.

Conclusion: The Jedi Code is the constitution of the Jedi Order. The Jedi High Council is the ultimate interpreter. Other Jedi Masters interpret the Jedi Code themselves and create rules based on interpretations, which become traditions if accepted. The High Council would step in if such interpretations conflicted with their own, thus creating laws just as they are made in common law systems.

Since there is no need for this, focus should be placed elsewhere in helping the Jedi Order. For example, I'll be making more threads covering certain subjects.

 

[Josh Dragovalor]

Easier to just consider the Code the constitution of our Order. While I appreciate the effort taken for this, I just don't see it as necessary.