Old-fashioned
pirates and video games might make for a good sales pitch but are less often
thought of as connected to legal pluralism. And yet, the popular video game Assassin’s Creed: Black Flag provides an
example of the ways in which plural communities can be constructed and the
boundaries needed for their functioning.
The
story used in the game follows the evolution of Welshman Edward Kenway from a
lowly pirate roaming around the Caribbean to an illustrious pirate captain. Kenway
begins life as a poor yet law-abiding member of society in Wales, who believes
that he is constrained by the existing legal and social system. His wife is
content to live the way that her family did but Kenway wants more and leaves to
become a privateer, promising that this will only be for a few years. A few
years turn into many and the more socially acceptable privateer status gives
way to piracy as Kenway seeks to maximize profit above all else.
At
the opening of the story, Kenway steals a ship and changes his identity from a freelance
pirate to a pirate captain in charge of a ship and her crew and seeking out
goods and fortune. On this ship, the Jackdaw,
Kenway’s word is law – as was standard for ship captains. In the process of
outfitting the Jackdaw with a crew,
Kenway meets Adewale, an escaped slave from a Caribbean plantation, and makes
him the quartermaster, thus establishing a rule that capability, not race, is
the benchmark for service on the Jackdaw.
This is reinforced later in the story when Adewale goes on a separate path and
Kenway brings on a woman as the new quartermaster. Kenway also establishes
rules for the ship’s pirating activities and emphasizes that innocent civilians
will not be targeted for attack or killed.
Kenway’s
motives may have been monetary however the story explains that others within
the loose community of pirates throughout the Caribbean and into the Gulf of
Mexico had other motives. Key among these motives was freedom from their home laws
and legal systems, which are viewed as repressive, unfair and prejudiced. With
this in mind, many of the pirates come together and agree to turn the city of
Nassau into a city run under pirate control. Kenway is sceptical of this idea,
arguing that the idealistic goals will not work as a governing system, nevertheless
the city falls under their control and the British authorities retain only
nominal jurisdiction.
The city operates under loose sets of laws and
mores that are imposed through society rather than through an official constabulary
force. This is done with good intentions and in order to counter the rigid
legal regimes that many of the characters sought to leave behind when they
initially took to the sea. Despite these intentions, as the story progresses
and Kenway makes frequent returns to Nassau, it becomes apparent that the city descends
into physical and societal decay under such a lax system. This is particularly
evident when a disease outbreak threatens to become an epidemic and the
necessary supplies to save the inhabitants are not readily available.
Ultimately,
the story ends with a British force arriving to retake Nassau. The newly
appointed authorities publicly make an offer of amnesty for any pirates who are
willing to accept it and agree to give up pirating in the future. The offer is
made on behalf of the British Crown, however it is soon clear that the new
authorities do not intend to live up to the letter of this law and instead
target any pirates – including those who are willing to comply – for death or
imprisonment.
In
the Black Flag storyline, there is of
course action and adventure – it is a game after all. More than that though,
the plot provides a complex backstory to Kenway as the main character and to
the pirate system in which he operated. The plot provides the framework for a
pluralistic system in Nassau that runs the gamut from revolutionary to decayed
to repressed.
At
the beginning, the idea of freeing Nassau from what is viewed as an overbearing
legal and societal system is revolutionary and motivated not only by profit but
also by a desire to create an idealistic system free from the strictures of
unjust laws. Those who undertake the responsibility of overseeing Nassau do so in
a somewhat cavalier way, demonstrating good intentions and free spirits but
little understanding of how to implement laws other than those on ships. It is
possible that this is where the cracks in the system begin to emerge – the system
is so plural that it lacks significant boundaries and methods of enforcement.
As
the system progresses these cracks manifest themselves in a visible lack of
public order. This is illustrated by increasingly dilapidated buildings and the
inability of city residents to provide for themselves during a disease outbreak
that appears to have occurred in no small part as a result of the lack of order
endemic in the community. Indeed, this outbreak is only controlled when pirates
undertake a dangerous mission that puts their own lives at risk and encourages
unlawful conduct.
The
system is finally suppressed and residents of Nassau are subject to repression
that reinforces the problems from which the pirates initially fled their home
countries. Efforts by the British governor to reassert imperial control are
ruthless and methodical and include chicanery as well as outright murder.
Indeed, the governor requires his men to disobey direct orders of amnesty from
the Crown and instead engage in attacks that result in murder and imprisonment.
These measures and the efforts at population repression which follow place the
residents of Nassau, those who seek to put into port in the city, and the
remnants of the pirate population in a worse position than they were in before.
In
direct contrast to this, Kenway’s ship presents a system of controlled
pluralism that functions well and allows those onboard to profit. Kenway is
open to sailors of all races and genders as part of his crew provided they meet
the needs of the ship and work with the other crewmembers. He establishes the
rules of conduct on the ship and in terms of those who are targets of his
ship’s activities. These rules apply equally and it is apparent that the
prejudices and limitations that he sought to flee at home do not apply on the Jackdaw. While he sees continuing
downturns in Nassau and frets at the seeming futility of the undertakings
there, Kenway is the leader of an increasingly prosperous ship and functioning plural
society that stands in direct contrast.
In
these ways, the game tells the story of differing forms of pluralistic
societies and demonstrates the relationships between pluralism and boundaries
in terms of societal success and functioning.
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