The Realm's Legal System, 2
The Shogunate legal system was embodied physically in an extensive set of documents called the Uniform Code of Military and Civilian Justice. The Shogun's responsibility was not to create new laws, but rather to maintain and enforce the system of law as outlined in the Uniform Code. The legal theory behind the Uniform Code was to explicitly outline every possible criminal offense and the corresponding formula to be used in calculating a penalty for that offense.
Under Shogunate law, the Judge's duty was to determine precisely which crime (as defined in the Uniform Code) had been committed, then apply the formula to the circumstances to determine the appropriate punishment, then enact that punishment. Amendments to the Uniform Code could be made with consent of the generals.
In the modern Realm, much of the legal theory is derived from this practice of Shogunate law. Instead of a council of generals and a Shogun, the Empress alone has the right to add and remove punishments from the Criminal Code; she may, of course, dispense this right by fiat to her judges. Judges, in criminal matters, are primarily responsible for determining the nature of the crime and dispensing an appropriate punishment, just like in the Shogunate system. The legal system is not subject to individual interpretation or discretion. Precedent is only binding when the Empress chooses to add the precedent to the Criminal Code.
The Realm's criminal law is retributive and focused on deterrence, with many severe and disproportionate punishments for criminal activity, to persuade the populace to remain in line. Judges are very limited in how much they can make exceptions to the prescribed punishments; these few mechanisms see a lot of use, as the only available mechanisms to moderate the otherwise draconian criminal laws.
