Law, Government, and Society in J.R.R. Tolkien's Works

José María Miranda Boto

Cormarë Series No. 43

Law and government are aspects of J.R.R. Tolkien's works that have not received much scholarly attention. However, they are present in many facets of his sub-creation. In describing the various societies that populate it, Tolkien addressed aspects of their legal and governmental systems, such as the succession of kings, rules of inheritance, or the function of the Mayor of Michel Delving. In many cases, he did so to add a further thread to the rich tapestry of his descriptions.

But in other cases, law appears as an important narrative element, functioning as a test of character for the protagonists who encounter it. Thus, the trial of Beregond reveals Aragorn's justice, while Turgon's ordering the execution of Ëol shows his ruthlessness.

Law and philology appear together in several passages of Tolkien's work. It is no coincidence that the most relevant objects of his sub- creation, the One Ring and the Silmarils, are described in archaic legal terms. In parallel, law and the tools of government are used as humorous elements in other fragments.

Law and government are, in short, omnipresent in Tolkien's work. They are not a central element, but, without what is studied in this book, Arda would have been much poorer.

 
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Table of contents

Series' Editors Preface

Foreword by Tom Shippey


Introduction

Part One: Law and Tolkien

Is there a place for Law in Tolkien's works?

Moral Law, Natural Law, and Positive Law

Common Law vs. Civil Law

Law vs. Justice

Between Law and Sin:
The Doom of the Noldor and the Ban of Men to Set Foot in Valinor

Modern Law: ‘Leaf by Niggle'


Part Two: Law and Government in Arda

We, the Kings

The Powers of Kings: Legislators, Administrators, Judges

‘Thou shalt be King hereafter!':
On the Rules of Succession to the Throne

‘Shalt thou be Queen hereafter?': Women and the Throne

Legal Remarks on the Stewards of Gondor

All the King's Men (and One Woman)

Assemblies, Meetings and Moots

Informal Judgements and the Absence of Lawyers

Crime and Punishment


Part Three: Law and Society

Feudalism and Gondor's Nobility

Nulli secundus: About the Princes of Dol Amroth

Marriage as Key Element of Society

The Laws of Marriage

Family Matters

The Passing of Time

Economy, Trade and Money

On Property

Rank and File


Part Four: Law as a Joke in Tolkien's Works

Tolkien's Anachronistic Use of Law

Challenging Arcadia: The Enigma of the Government of the Shire

Max Weber in the Shire: On the Use of Physical Coercion by Hobbits

Farmer Giles of Ham and the Mocking Use of Law


Epilogue: The Lord of the Rings as a Tool to Teach Labour Law


Appendix: Law in Tolkien's Personal Life

a. “A Hobbit in all but size”: His Personal Life from a Legal Perspective

b. “He had many other things to do”: University and its Surroundings

c. “Memorable events occured very frequently”:
Contractual and Financial Issues


Bibliography

 
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Cover

Cover illustration The Judgement of Beregond (2022) by Gonzalo Díez García

(click above view to enlarge)

 
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Announcements

Winner of Mythopoeic Fantasy Award (2nd September 2024)
Journal of Inklings Studies reviews Law, Government, and Society (17th March 2024)
Many book reviews (12th April 2023)
Book reviews in Mallorn (6th February 2023)
Law government and Society in JRR Tolkien's Works reviewed in The Journal of the Marion E. Wade Center (20th December 2022)
Law government and Society in JRR Tolkien's Works reviewed in The Journal mom Tolkien Research (27th November 2022)
New review of Law government and Society in JRR Tolkien's Works (8th November 2022)
Review of Law government and Society in JRR Tolkien's Works (29th July 2022)
New book: Law, Government and Society (23rd May 2022)

 
264 pages, Walking Tree Publishers 2022, Cormarë Series No. 43, ISBN: 978-3-905703-43-6.
 

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