Legal and Medical Issues in Lord of the Rings

[GeekDavid]

In chat tonite (and if you haven't participated in one of our evening chats yet, you should) the question came up, what would have happened if Sauron had sued to recover the One Ring?

This article pretty much answers that.

Consider the following facts which seem ripped from a first year property law exam:

1. Sauron holds ownership in the Ring through accession, by working one thing (base metals) into a new thing (a ring of power)
2. He is dispossessed by Isildur, who now holds possession in the Ring.
3. Isildur loses the Ring (he has a manifest intent to exclude others but no physical control) when it slips off his finger as he was swimming in the Anduin river to escape from Orcs.
4. Déagol finds the Ring.
5. He is dispossessed by Sméagol (a.k.a. Gollum).
6. Gollum loses the Ring and it is finally found by Bilbo.
7. Bilbo gifts the Ring to Frodo. Later, Aragorn (the heir of Isildur) tells Frodo to carry the ring to Mordor, making Frodo his bailee.
8. Sam, assuming that Frodo is dead, takes the Ring according to instructions to help Frodo with the Ring in grave circumstances. Sam is acting here as a (fictional) bailee and he returns possession to Frodo after finding him still alive.
9. At the end of the book, Gollum restores his possession of the ring. Seconds later, he and the Ring are both destroyed. At this point all property held in the Ring disappears.

I'm not gonna tell you how it ends, you gotta read it. :Tongue:

On a related note, Steerpike brought up this article on the contract between Bilbo and the Dwarves:

First, it seems fairly clear (to me, anyway) that Tolkien wrote the Shire (where hobbits live) as a close analog to pastoral England, with its similar legal and political structures. For example, the Shire has a mayor and sheriffs, and there is a system of inheritance similar to the common law. The common law fundamentals of contract law have not changed significantly since the time that the Shire is meant to evoke, so it makes sense that the contract would be broadly similar to a modern contract (and likewise that we could apply modern contract law to it).

Finally, switching to medical issues, here's one of my favorite articles from a few years ago discussing Gollum's apparent medical and mental issues:

Sméagol (Gollum) is a single, 587 year old, hobbit-like male of no fixed abode. He has presented with antisocial behaviour, increasing aggression, and preoccupation with the “one ring.”… …His forensic history consists of Deagol’s murder and the attempted murder of Samwise Gamgee. He has no history of substance misuse, although like many young hobbits he smoked “pipe weed” in adolescence….

Several differential diagnoses need to be considered, and we should exclude organic causes for his symptoms. A space occupying lesion such as a brain tumour is unlikely as his symptoms are long standing. Gollum’s diet is extremely limited, consisting only of raw fish. Vitamin B-12 deficiency may cause irritability, delusions, and paranoia. His reduced appetite and loss of hair and weight may be associated with iron deficiency anaemia. He is hypervigilant and does not seem to need much sleep. This, accompanied by his bulging eyes and weight loss, suggests hyperthyroidism. Gollum’s dislike of sunlight may be due to the photosensitivity of porphyria. Attacks may be induced by starvation and accompanied by paranoid psychosis….

They're all three interesting, I recommend all of them.

 

[Ireth]

That's fascinating. XD I have one small quibble, though. Gollum was not exclusively a piscivore; he occasionally ate orcs and goblins when he could get his hands on them. In the film of LOTR Gollum describes orcs as tasting "not very nice at all", and in the first Hobbit film he is shown killing a wounded goblin and dragging it off with intent to eat it (though he complains about it being too bony). He also showed great delight at the prospect of eating Bilbo.

/end ramble ^^;

 

[GeekDavid]

That's fascinating. XD I have one small quibble, though. Gollum was not exclusively a piscivore; he occasionally ate orcs and goblins when he could get his hands on them. In the film of LOTR Gollum describes orcs as tasting "not very nice at all", and in the first Hobbit film he is shown killing a wounded goblin and dragging it off with intent to eat it (though he complains about it being too bony). He also showed great delight at the prospect of eating Bilbo.

/end ramble ^^;

Take it up with the diagnosing provider, Ireth. :Tongue:

 

[Feo Takahari]

Followed the links. Discovered that one of my favorite writers has a Livejournal. Discovered that said favorite writer is posting Orson Scott Card levels of political whackery, plus a six-part essay about how feminism is ruining fiction. I has a sad now.

On-topic, property law is generally somewhat lax in fantasy, isn't it? It's pretty dang common for fantasy heroes to trespass on someone's land, steal the possessions from the cave they live in, and even kill them for defending their wealth. Factor in RPG heroes, who even steal small change from the drawers in townsfolk's houses, and you start to wonder if loot acquisition is a higher motivation than day-saving. (I can think of at least four works of fiction that mock this while making the heroes out to be the bad guys.)

 

[SeverinR]

Imho
Golem is paranoid Schizophrenic with split personality one with homicidal idealiogy, the other has self mutilation ideaology,
driven by the psycotic obcession to obtain a certain piece of jewelry, specifically one ring. Belives the ring to have euphoric and extremely powerful energy contained in it. This obcession has caused one Golem to forget his original name and life as it use to be, obcession caused the indivdual to neglect appearance and diet, extreme hair loss, emaciated condition and numerous tooth problems, including missing, rotting and deformed teeth. The obcession has driven Golem to eating non-stardard food. Bugs, humanoid meat, possibly canibalism, also possibly pica. Golem is not capable of living in society for long periods, driven by his obcession and paranoia that everyone wants to keep the "ring" from him.
In a violent rage, the individual demonstrates super human strength at times, seemingly climbs walls, leaps great distances with disregard for personal safety. Has been known to have killed humanoids that he has met, possibly even be classified as a serial killer.
He should be institutionalized for his and society as a wholes safety. Intensive therapy and diet control must be priority to prevent further damage to the body. Consult of a dentist is a most also.
It is doubtful Golem will ever be safe to live in society again, and might never recover even to a place where he can take care of himself.
His original name is not known for certain, so no next of kin could be located. It is imperitive that Golem and "precious" as he refers to "the ring" never come in contact again as it would set back therapy drastically.

 

[Mindfire]

Followed the links. Discovered that one of my favorite writers has a Livejournal. Discovered that said favorite writer is posting Orson Scott Card levels of political whackery, plus a six-part essay about how feminism is ruining fiction. I has a sad now.

Which writer would this be and where can I find their Livejournal? I do find political whackery so amusing.

 

[A. E. Lowan]

This popped up in The Onion today, and I can't think of a better place for it than here. Warning: Graphic Hobbit violence suggested.

Grisly Remains Of 15 Hobbits Discovered In Peter Jackson’s Attic | The Onion - America's Finest News Source