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Originally Posted by Mansun
In the real world Gollum would be put to death.
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I'd say this depends largely on the 'where' in the real world.
Concerning whether servants of Sauron deserve death or substantial punishment:
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'You think, as is your wont, my lord, of Gondor only,' said Gandalf. 'Yet there are other men and other lives, and time still to be. And for me, I pity even his slaves.'
~The Siege of Gondor
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I think it is one of the key elements of the LotR, that even though one
might indeed deserve death, he should still be pitied, if this is possible.