Public accountability and witness
Public Accountability and Witness
In Ts’msyen law, authority is valid only when it is **publicly accountable**. Accountability is established and preserved through **witness**.
Witnessing is not symbolic. It is the mechanism by which decisions become lawful, memory is secured, and responsibility is enforced.
Foundational Principle
No action of legal consequence exists in secrecy.
For an action to carry authority, it must be:
- witnessed
- remembered
- accountable
- correctable
Unwitnessed authority is unstable and unlawful.
Meaning of Witness
A witness in Ts’msyen law is a person or group entrusted to:
- observe proceedings
- remember accurately
- confirm legitimacy
- recall decisions when questioned
Witnesses do not merely see; they **hold memory**.
Role of Witnessing in Law
Witnessing serves to:
- legitimize decisions
- assign responsibility
- prevent denial or revision
- preserve precedent
- protect against abuse of authority
Without witness, law dissolves into assertion.
Witnessing Forums
Lawful witnessing occurs in recognized public forums, including:
- feasts
- house gatherings
- inter-house meetings
- dispute-resolution ceremonies
- name and crest transfers
Private agreements lack full legal standing.
Who Serves as Witness
Witnesses may include:
- Elders
- hereditary name holders
- representatives of other houses
- clan members not directly involved
- invited guests with recognized standing
Witnesses are selected to ensure balance and neutrality.
Responsibilities of Witnesses
Witnesses are responsible for:
- paying attention
- remembering accurately
- recalling events truthfully
- correcting misstatements
- supporting lawful correction
Failure of witnesses weakens accountability.
Public Accountability
Public accountability means:
- decisions may be questioned
- conduct may be challenged
- authority must be justified
- correction is possible
Status does not exempt anyone from accountability.
Witness and Authority
Witnessing constrains authority.
A person or house may act only within what witnesses can confirm as lawful. Authority exercised beyond witness loses legitimacy.
Witnessing and Correction
Witnesses enable correction.
When imbalance occurs:
- witnesses recall what was agreed
- responsibility is clarified
- correction and compensation are guided
- restoration becomes possible
Memory prevents escalation.
Witness and Reputation
Witnessing shapes reputation.
Because actions are remembered:
- honorable conduct strengthens standing
- misconduct diminishes authority
- reputation follows the name and the house
Witness creates continuity of character.
Witnessing Across Time
Witnessing is intergenerational.
Memory is passed through:
- oral recall
- adaawx
- repeated reference in feasts
- teaching of youth
Law persists because it is remembered.
Relationship to Ayaawx
Witnessing exists within ayaawx.
Ayaawx:
- defines what must be witnessed
- governs who may witness
- constrains how memory is used
- ensures fairness and balance
Witness without law becomes gossip; law without witness becomes fragile.
Living Accountability
Public accountability and witness are living law.
They ensure that Ts’msyen governance remains:
- transparent
- balanced
- correctable
- durable across generations
Where witness is respected, law endures. Where it is ignored, authority collapses.