When creating a fictional world, some authors focus on culture or locations. Although both of those things are vital for a great world, you still need to write a legal system to have a complete world.
There are different reasons why a society has the laws they have. Laws are deeply rooted in culture. What we think is acceptable and what we think should be illegal makes up laws.
In this guide, we will explore what law is and how law is connected to culture. More importantly, we will learn how to create a fictional legal system.
What Is a Fictional Legal System?
A legal system sets the laws and methods of enforcement in a society. It includes things like, what is a crime? How are people judged and punished?
Laws are often what a society thinks life should be. In the real world, we globally agree that murder is wrong. It is about people having the right to exist and the safety to do so. We all agree on that. However, sometimes a law is not fair. For example, women were not allowed to vote for over 100 years in most places. It was a result of the culture at that time. Women and men had different roles in society, which caused that rule. Learn more about fictional culture here.
When creating a legal system, it is essential to understand who enforces the laws and why. Who has the power to decide how society should work? Is it an emperor, a queen, or a president? Are there officers, soldiers, or robots responsible for ensuring the rules are followed?
In short, a legal system determines what is right and wrong in a society, as well as the consequences of breaking the law.
How to Create a Fictional Legal System (Step-by-Step)
There is much that goes into a legal system. It can be challenging to know where to begin. Especially if you are a beginner. The following text will be a step-by-step approach to creating a fictional legal system.
Start with Your Society’s Values
Law reflects culture. To craft a believable legal system, start by asking: What does this society value most?
- What do they value most: Family, community, honor, freedom, traditions, strength, or class?
- What do they fear collectively: chaos, betrayal, oppression, or foreign influence?
A religious society may have laws rooted in sacred texts. A fascist dystopian world might be centered around control or profit. What a society values is rooted in its past and shapes its future. Try to establish a connection between what they consider important and how they would want to implement it for everyone.
Decide Who Makes the Laws
Who has the power to create, change, and enforce laws? The structure of lawmaking reveals who truly holds power in your society. Is it: A monarch and their council? A senate or parliament? Perhaps humanity lost control, and AI has taken over the world.
Can everyone become a political figure? Is the system set up so you can only inherit power? Similarly, only wealthy people can acquire power. Perhaps the system is built so the lower class cannot afford to concern themselves with that?
Finding out who has more power in your fictional world can help you determine what place your character has in the world.
How Is Justice Enforced?
The way the laws are enforced can be just as important as the laws themselves. Is there a police force, knights, or magical enforcers? Do the people with power encourage everyone to try? That is also an important question.
Are trials public or private? If it is public, are they trying to send a message? A society that values strength and honor might allow a trial by combat, in contrast to a peaceful culture. If there is widespread corruption, people may be able to bribe their way out of trouble. Just imagine what tone your story wants to be. Brutal or peaceful? The legal system is a crucial factor in that.
What Are the Punishments?
Punishment tells much about a society. If they use physical punishment such as whipping, mutilation, and execution. That is a strong sign that it is a brutal world. Psychological punishments are no better. Public shame, forced confession, and exile make a lasting impression on one’s mental health.
If you want to show that it is a peaceful and progressive society. Illustrate that by criminals serving community service. Similarly, counseling or compensation payment. What your characters think is acceptable punishment is based on what their community considers acceptable.
Build Everyday Laws from the Ground Up
All your laws do not have to be or should not be about war and treason. Think of your life and the laws in your nation. You probably have some work-related laws. It says how many hours a person can work before needing a break. How much is the minimum wage. Your legal system needs regulations like that.
Use these prompts:
- Are there curfews? Ban on free speech? Are there regulations on dress codes, food, or electronics?
- Do people need a permit to marry, travel, or start a business?
- Is magic illegal or regulated?
- Are people entitled to privacy?
These are laws that affect people daily. Laws about segregation or laws that hinder people from getting opportunities are the ones people silently obey or rebel against. Not laws that say it is forbidden to own weapons of mass destruction or something that ordinary people do not care about.
Include Injustice and Flawed Laws
No legal system is perfect. Even those who try to protect their people have their flaws. There is always a blind spot. Always corruption. This opens a door to storyline opportunities.
Consider this:
- Outdated laws? Laws that no one practices?
- Are certain groups disproportionately punished?
- Is there a resistance group trying to overthrow the system?
Conflict thrives on injustice. On groups that are oppressed. You can write a plot based on this. For example, your protagonist breaks an outdated law that no one follows. Despite that, they are taken up in an unfair trial. You can just see how many things can go wrong.
Making Your Fictional Legal System Matter in the Story
Your world is not a background wallpaper in your story. It is something alive, especially legal systems. It should impact your character and how you think. If there are strict rules and harsh punishment, it might cause the characters to become more careful. Maybe they are afraid of getting falsely accused? Maybe they are afraid to associate with some people because of their stance on the legal system? Use it as a tool when you are writing. It can come in handy.
