Jan8

From CyberOne Wiki

the rim

viewpoint on allocation of function from WE the judge shaping the question and the body of evidence for the jury

dimensionality starting with the original position going forward starting from where we are going back

how did we try cases in the original position

we stabilized the situation

we gathered and informed ourselves what had happened

we decided whether a crime had been committed and if so what punishment

how did evidence work in that situation

who decided what is relevant and what is not

http://en.wikipedia.org/wiki/Hue_and_cry

In common law, a hue and cry (Latin, hutesium et clamor, "a horn and shouting") was a process by which bystanders were summoned to assist in the apprehension of a criminal who had been witnessed in the act of committing a felony.

By the statute of Winchester, 13 Edw. I cc. 1 and 4, (1285) it was provided that anyone, either a constable or a private citizen, who witnessed a felony shall make hue and cry, and that the hue and cry must be kept up against the fleeing felon from town to town and from county to county, until the felon is apprehended and delivered to the sheriff. All able bodied men, upon hearing the shouts, were obliged to assist in the pursuit of the criminal, which makes it comparable to the posse comitatus. It was moreover provided that a hundred that failed to give pursuit on the hue and cry would become liable in case of any theft or robbery. Those who raised a hue and cry falsely were themselves guilty of a felony.

how does a set of competing bodies within an environment that is bounded by their identity come to cooperate in keeping peace

when a criminal commits a felony witnesses to it shall raise a hue and cry and pursue the criminal the posse commitatus

you can see the evolution in which its the men who turn out and return with justice done

as we get organized we hire somebody to be on the watch for felonies and organize the posse this is a form of program with a human actor, hired to do a job we hire somebody to institutionalize the organization of the justice function

we see it on the frontier in the posse

we recognize that there are problems with the hue and cry

who is the law on the frontier. at first there is none except the consensus of the actors in the space. when there is only one, the one is law. when there are two their behavior becomes a two person game between persons who may be of unequal power, in which case cooperation may be coerced. when there are three, alternative power plays become possible, two against one. when there are more ...