Hello!
I like oddly specific stuff and @Sus while not the first to talk to me about it, was basically who sparked the most interest on me on solving this matter (so thank you @Sus for that)
I will speak here with assumptions that i will detail on either a google docs linked here or on sections marked as spoilers, though i gotta speak in advance that it Cursed Energy (that i will for now on call "CE") knowledge matters very little today, because of the specific nature of Higuruma's Cursed Technique (that i will for now on call "CT") and, like many cases of battles in Jujutsu Kaisen, how it interacts with the opponent's CT, in this case Makora's adapting to all phenomena. Deadly Sentencing, Higuruma's CT, is based on japanese law, so to find out how would he go on against certain opponents, we have to search for definitions inside of it and the ones that matter for today's topic are:
I will first clear those ones out and then proceed to talk a bit more on how the battle would go, for our common understanding sake
It is not farfetched to call Makora a japanese individual by any means and sections of the nationality law also reinforce that due to how long he's around, he should have japanese nationality too. So yes, its most basic applications should be affecting him.
Makora displays clearly that he can comprehend his surroundings and formulate cohesive thoughts, so there's not much to call him "intelectually incapable" and even if we go by that, Makora's digging his own grave after the first wheel spin gets him immunity to the non-aggression rule from Higuruma's domain, getting tried as guilty and then receiving Confiscation and Executioner's Sword effects
Which if i'm totally honest, i don't say it is impossible, and does result in incon if someone reeeeeeeally goes down that line, i guess...
But assuming this is too much, let's then consider this as a supporting argument for the otherwise weak argument that Makora is an intelectually incapable individual... Then the rest of what i detailed in the above point goes by due to how constant and incessant is his aggressiveness.
Speaking of the end of the 2nd point, let's detail how the entire fight goes by, shall we?
Higuruma starts with Domain Expansion, as he always do.
The non-agression rule could restrict even True Form Ryōmen Sukuna, so it gets a hold on Makora's aggressiveness as well, but since this is the first thing affecting him, that's what the first wheel spin will get him an immunity to.
Whatever the accusation is and however it ends up at, Makora's wheel spins for the first time and the first thing it will get immune to is the non-agression law inside Higuruma's domain.
Due to it now attempting aggression in court, Judgeman alters the condemning to also now include Assaulting in Tribunal aggravation and attempted intimidation of witnesses and authorities
Whatever the accusation may be, with those accusations, Judgeman calls out for confiscation and death penalty
2nd wheel spin, adapting Makora to Confiscation, so now he has his sword back
Higuruma hits once with Executioner's Sword (it is not impossible to happen before the 2nd wheel spin), match is ended.
This has been it! Thank you to whoever ends up reading all of this, and please make all discussion civil.
I like oddly specific stuff and @Sus while not the first to talk to me about it, was basically who sparked the most interest on me on solving this matter (so thank you @Sus for that)
I will speak here with assumptions that i will detail on either a google docs linked here or on sections marked as spoilers, though i gotta speak in advance that it Cursed Energy (that i will for now on call "CE") knowledge matters very little today, because of the specific nature of Higuruma's Cursed Technique (that i will for now on call "CT") and, like many cases of battles in Jujutsu Kaisen, how it interacts with the opponent's CT, in this case Makora's adapting to all phenomena. Deadly Sentencing, Higuruma's CT, is based on japanese law, so to find out how would he go on against certain opponents, we have to search for definitions inside of it and the ones that matter for today's topic are:
I will first clear those ones out and then proceed to talk a bit more on how the battle would go, for our common understanding sake
1 - Is japanese law applicable for Makora?
"Furu be yura yura"Yatsuka-no-Tsurugi Ikaishinshō Makora, with its name translated as Eight-Handled Sword Divergent Sila Divine General Mahoraga, is a Shikigami, a creature that works basically like a Cursed Spirit, summoned with an incantation from the Ten Shadows CT, passed through generations of the Zen'in clan. Why does that matter? Simple: The key part is generations.
Long ago, a japanese individual was born with this CT, so it is not farfetched to say Makora is a creature born in japan, therefore somewhat japanese.
If this argument feels "lacking", let's go by the Japanese Nationality Law, which is very simple and Makora most likely predates it since the Zen'in clan is in the setting for a long while.
Like a Curse/Cursed Spirit, a Shikigami shouldn't "be born" so some of the parts that mention "parents" aren't applicable, but since this Shikigami should be around the japanese territory ever since either the first user of this CT was born or the first time said user summoned him, there is a specific one that should count and i break it down after i quote:
If even that (somehow) seems insufficient, i must also argument that Makora was created in japan a huge while ago, so it can't be considered a foreigner by any means, so the closest we can go is calling it a japanese creature, which we can all agree is not farfetched, and since laws that apply to japanese people apply to "all japanese individuals", we have an answer here, definetely.
Long ago, a japanese individual was born with this CT, so it is not farfetched to say Makora is a creature born in japan, therefore somewhat japanese.
If this argument feels "lacking", let's go by the Japanese Nationality Law, which is very simple and Makora most likely predates it since the Zen'in clan is in the setting for a long while.
Like a Curse/Cursed Spirit, a Shikigami shouldn't "be born" so some of the parts that mention "parents" aren't applicable, but since this Shikigami should be around the japanese territory ever since either the first user of this CT was born or the first time said user summoned him, there is a specific one that should count and i break it down after i quote:
- "Children born in Japan to parents who are stateless or have an unknown status may become Japanese nationals after three years of residence."
- Despite not "being born" it first was created by the Ten Shadows CT in japanese territory
- Japanese law doesn't cover individuals who can't possibly have parents, so Makora would be categorized as "being born to parents with unknown status"
- Makora is definetely around for tens if not hundreds of times more than three years
If even that (somehow) seems insufficient, i must also argument that Makora was created in japan a huge while ago, so it can't be considered a foreigner by any means, so the closest we can go is calling it a japanese creature, which we can all agree is not farfetched, and since laws that apply to japanese people apply to "all japanese individuals", we have an answer here, definetely.
It is not farfetched to call Makora a japanese individual by any means and sections of the nationality law also reinforce that due to how long he's around, he should have japanese nationality too. So yes, its most basic applications should be affecting him.
2 - Is Makora's cognition enough for him to actually be tried?
"Intelligence: Instinctual Savant"Not only by going per our description of how Makora acts, but judging by his behaviour in general, we can say Makora is definetely able to comprehend the world around him, literally being what he does the most - adapting to all that surrounds him - and is capable of forming thoughts of his own, to live, whenever he's summoned, and to respond to aggression, being able to go toe-to-toe with individuals with decades of experience and training in martial arts, the most prominent being Satoru Gojō, Ryōmen Sukuna and Dabura Karaba, with the battle between the first two having Makora's presence as an instrumental piece for the match being how it was, and being common knowledge that they are in a league of their own, and the battle against the latter of the three examples being such a difficult one with so high stakes that it is believed that almost no other individual in the planet Earth would have what it takes to defeat him, not only by his immense regeneration and adapting capabilities, but also by how skilled he became too. Such skill rendered Makora as a Shikigami that had not been tamed for tens if not hundreds of years, and it would be a wild claim - preposterous, in my opinion - to say that a being incapable of comprehending its surroundings and/or forming their own thoughts was capable of going for uncounted years without ever being capable of losing despite the best of each generation trying their best to bring him down.
If we were to entertain such line of thought, there is still a problem, according to Japan's Civil Code
Someone would have to be asking for Makora to have a guardian for the family court to start judgement on the case.
Let's assume that Judgeman (The Shikigami Higuruma's CT summons, who chooses what will the defendant be accused of and the sentence, 100% impartially), analyzing Higuruma's accusation of Attempted Capital Murder with Cruelty Degree@ (for the times Makora didn't actually kill, such as when he fought Sukuna in Shibuya, or when he beat the Ten Shadows CT user Fushiguro Megumi), Capital Murder with Cruelty Degree@ or Destruction of Property (Several buildings were wrecked when he fought Sukuna in Shibuya), gets Makora to have an adult guardian appointed for him, because of his inherited aggressiveness and constant, non-stop adapting, the first time the wheel in his back spins, indicating he's now immune to an effect, the aggression prohibition from inside Higuruma's Domain Expansion will not be true for Makora and he'll now be accused of Attempted murder with Assaulting in Tribunal aggravation and attempted intimidation of witnesses and authorities (Art. 105-2 of the penal code)@, due to showing obvious cognition from reacting to his trial's attempt/solution with aggression, so Makora's sentenced to death and/or confiscation the same way as if we're ignoring this bs
@-When detailing how the fight will go I explain why this type of crime in specific
If we were to entertain such line of thought, there is still a problem, according to Japan's Civil Code
Someone would have to be asking for Makora to have a guardian for the family court to start judgement on the case.
Let's assume that Judgeman (The Shikigami Higuruma's CT summons, who chooses what will the defendant be accused of and the sentence, 100% impartially), analyzing Higuruma's accusation of Attempted Capital Murder with Cruelty Degree@ (for the times Makora didn't actually kill, such as when he fought Sukuna in Shibuya, or when he beat the Ten Shadows CT user Fushiguro Megumi), Capital Murder with Cruelty Degree@ or Destruction of Property (Several buildings were wrecked when he fought Sukuna in Shibuya), gets Makora to have an adult guardian appointed for him, because of his inherited aggressiveness and constant, non-stop adapting, the first time the wheel in his back spins, indicating he's now immune to an effect, the aggression prohibition from inside Higuruma's Domain Expansion will not be true for Makora and he'll now be accused of Attempted murder with Assaulting in Tribunal aggravation and attempted intimidation of witnesses and authorities (Art. 105-2 of the penal code)@, due to showing obvious cognition from reacting to his trial's attempt/solution with aggression, so Makora's sentenced to death and/or confiscation the same way as if we're ignoring this bs
@-When detailing how the fight will go I explain why this type of crime in specific
Makora displays clearly that he can comprehend his surroundings and formulate cohesive thoughts, so there's not much to call him "intelectually incapable" and even if we go by that, Makora's digging his own grave after the first wheel spin gets him immunity to the non-aggression rule from Higuruma's domain, getting tried as guilty and then receiving Confiscation and Executioner's Sword effects
2.1 - Can Makora actually defend itself? Does it matter?
As i have detailed earlier, Makora can formulate thoughts... But one of his main characteristics is not being able to speak, leading to either people assuming the trial is impossible, kinda trying to reinforce the above argument, or his adapting to get us things like...But assuming this is too much, let's then consider this as a supporting argument for the otherwise weak argument that Makora is an intelectually incapable individual... Then the rest of what i detailed in the above point goes by due to how constant and incessant is his aggressiveness.
Speaking of the end of the 2nd point, let's detail how the entire fight goes by, shall we?
The fight itself!
Higuruma starts with Domain Expansion, as he always do.
The non-agression rule could restrict even True Form Ryōmen Sukuna, so it gets a hold on Makora's aggressiveness as well, but since this is the first thing affecting him, that's what the first wheel spin will get him an immunity to.
Since Higuruma cannot choose what will Judgeman accuse the defendant of, let's start with the most glaring, Murder.
Accepting a duel is not excusing one from being tried by murder or attempted murder at least, very likely with degree of cruelty because of involving magic, more known as CE, a sword and martial arts (but this could not be the case on some accusations because people there were trying to beat him too, and/or calling a duel. Some of his kills will also not count because of obvious claims of self-defense, but definetely not all of them).
Much like this article itself, developing the line of Judgeman accusing Makora of Capital Murder is assumptions over assumptions, because we have an absurdly long history of this Shikigami that we don't know for sure, and as he's not accusable of mass murder (there isn't even a "mass murder" article, there are articles related to repetition of convictions and a homicide one, but Judgeman accuses someone of one thing they've done, so it is unlikely it'll accuse Makora of every murder he's done on the last tens of years), we don't have a way to know for sure if he'll accuse him of killing an unknown Zen'in or for killing Satoru Gojō, which would lead to substantially different trials, timewise.
Even if we lowball the accusation and say that instead of those he's accused of the much simpler, full of cabal proof, Destruction of Property, and by the nature of his CE-imbued attacks, most likely he's falling under the Article 117 and yeah, it's getting declared guilty lol
Even if he's accused of Destruction of Property and is declared Intellectually Incapable, we cannot say Makora is an insane individual to the quite long display of mental capability, and this is what the japanese penal code has to say about Diminished Capacity
Accepting a duel is not excusing one from being tried by murder or attempted murder at least, very likely with degree of cruelty because of involving magic, more known as CE, a sword and martial arts (but this could not be the case on some accusations because people there were trying to beat him too, and/or calling a duel. Some of his kills will also not count because of obvious claims of self-defense, but definetely not all of them).
Much like this article itself, developing the line of Judgeman accusing Makora of Capital Murder is assumptions over assumptions, because we have an absurdly long history of this Shikigami that we don't know for sure, and as he's not accusable of mass murder (there isn't even a "mass murder" article, there are articles related to repetition of convictions and a homicide one, but Judgeman accuses someone of one thing they've done, so it is unlikely it'll accuse Makora of every murder he's done on the last tens of years), we don't have a way to know for sure if he'll accuse him of killing an unknown Zen'in or for killing Satoru Gojō, which would lead to substantially different trials, timewise.
Even if we lowball the accusation and say that instead of those he's accused of the much simpler, full of cabal proof, Destruction of Property, and by the nature of his CE-imbued attacks, most likely he's falling under the Article 117 and yeah, it's getting declared guilty lol
Even if he's accused of Destruction of Property and is declared Intellectually Incapable, we cannot say Makora is an insane individual to the quite long display of mental capability, and this is what the japanese penal code has to say about Diminished Capacity
Whatever the accusation is and however it ends up at, Makora's wheel spins for the first time and the first thing it will get immune to is the non-agression law inside Higuruma's domain.
Due to it now attempting aggression in court, Judgeman alters the condemning to also now include Assaulting in Tribunal aggravation and attempted intimidation of witnesses and authorities
Whatever the accusation may be, with those accusations, Judgeman calls out for confiscation and death penalty
2nd wheel spin, adapting Makora to Confiscation, so now he has his sword back
Higuruma hits once with Executioner's Sword (it is not impossible to happen before the 2nd wheel spin), match is ended.
- I'm not saying Higuruma is a god skillwise, just that he's skilled enough not to die and that even Tired Full Power Sukuna was going to get hit once by this sword, so it is not unreasonable to say Makora will get hit by it.
This has been it! Thank you to whoever ends up reading all of this, and please make all discussion civil.
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