The Legal History of The Lord of the Rings

When Saruman’s people take over, we see not only filthy dirty industrialisation, but also the multiplying of illiberal, somewhat Puritan, rules, and the increase of the ‘police’ of the Shire. Return of the King, 347; Book VI, chapter 8.

There are some aspects of the saga which have rather a late-medieval look. The idea of war as a trial by battle, with rules about the immunity of heralds and ambassadors looks rather Hundred Years War-ish  – Return of the King, 196-8; Book V, chapter 10.

Gandalf displays an attitude to capital punishment which can only be seen as modern. When Frodo regrets that Gollum has been allowed to live, Gandalf gives us ‘Many that live deserve death. And some that die deserve life. Can you give it to them? Then do not be too eager to deal out death in judgment.’ – Fellowship, 89, Book I, chapter 1. Wonder how that one plays in the more lethal-injection-happy states of America. He seems to have an enlightened view of prison regimes too, though, in case of necessity, was not above torture – Fellowship,  85; book I, chapter 1. ‘Fear of fire’ – could be a new tactic for the War on Terror (yes, that one – horrible meaning-mangling sloganeering – I am just waiting for ‘The War on Obesity’).  In any case, there is a word of warning against over-kindness to prisoners, as Gollum escapes the allegedly wise elves, who weren’t prepared to put him on 24-hour lockdown – Fellowship, 334; book 2 chapter 2. Gollum, and, even more so, the Orcs, are not amenable to rehabilitation.

Also rather modern is Aragorn’s role as a freer of (other men’s) slaves. After the battle of Pelargir, the slaves of the defeated enemies, chained in their ships, are freed, and later, other slaves of Mordor – Return of the King,  299; Book 6, chapter 5. Not something your genuine Saxon, Norse, or Celtic ruler would have been terribly concerned about.

Finally, extremely unlike Saxons, Norsemen or Celts is the attitude towards heredity of many, if not all, of the characters. Aragorn’s virtue seems to stem almost entirely from his bloodline, we are forever hearing about blood being mixed and lines becoming weaker. The elves in particular seem obsessed with descent. Rules of descent and succession to thrones seem fixed, and primogeniture-based. Though humans may have been keen on genealogy, there was always an opening for a strong non-lineal claimant to a throne, and Saxons, Norsemen and Celts used looser ideas of descent and tanistry, and election, to ensure that a suitable person was king. I suppose you don’t need that if the good characteristics flow only in certain bloodlines.  Just as well nobody in The Lord of the Rings has any affairs or illegitimate offspring. Then the nice bloodlines would get horribly messy.

So, clearly a suitable topic for an AHRB research grant bid, I feel.

And, before I go, time for a Middle Earth Top Ten…

10. Ring, Ring                                Abba
9. Mor(dor) than This                    Roxy Music
8. Elf Control                                 Laura Branigan
7. Hard Hobbit to Break                Chicago
6. (My) Precious Moments             Three Degrees
5. Jive Tolkein                                Er…Saturday Night Fever
4. (Lego)las Christmas                  Wham
3. Helm’s Deep is Your Love?        Bee Gees
2. Gimli! Gimli! Gimli! (a dwarf after midnight)    Abba
1. (Fro)don’t Go Breakin’ My Heart  Elton John