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Faramir Jones · 07-16-2012, 06:11 AM

I'm very interested in the comments about what could have happened if Lalia's death was a murder, and if so, what steps could have been taken to deal with it, given her prominence, and the fact that the Shire had little government.

This is my (very speculative) opinion on what could have been done, based on the information given. Tolkien said in 'Concerning Hobbits' in LotR, that the Mayor was 'elected every seven years at the Free Fair on the White Downs at the Lithe, that is at Midsummer'. (The Lord of the Rings, (London: HarperCollins Publishers, 1995), p. 10)

It appears that what was originally a fair then took on a political function: the election of a mayor. The question then arises about whether that Fair also has other political functions. Does it, for example, make laws (legislative acts) and deal with important legal cases (judicial decisions)? Early parliamentary bodies not only had legislative functions; they also functioned as courts of law. The UK Parliament, for example, also operated as a court of law until 1st October 2009; because a committee of its upper house, the House of Lords, composed of peers appointed to carry out its judicial responsibilities, was the UK's highest court of appeal.

In dealing with such a murder, it is possible that the Free Fair, either itself, or at the instigation of the Mayor, could appoint one or more temporary judges to deal with the specific case. Perhaps they could be drawn from the lawyers that exist in the Shire. (Bilbo's posessions were being sold at the end of The Hobbit by either an auctioneering firm, or a law and auctioneering firm; and there are references to lawyers in drafts of the first chapter of LotR.) A public prosecutor could also be selected, perhaps from among the lawyers, again to deal with that specific case.

There is then the question of whether a jury would be involved. Considering Tolkien's emphatic statement that the Shire was based on an English Midlands village c.1897, it would be reasonable for juries to be appointed in such a case. Perhaps they are selected by some kind of lottery system.

What do people think?

07-16-2012, 06:11 AM	#12
Faramir Jones Ghost Prince of Cardolan Join Date: Oct 2008 Location: Lonely Isle Posts: 706	Who could deal with such a murder? I'm very interested in the comments about what could have happened if Lalia's death was a murder, and if so, what steps could have been taken to deal with it, given her prominence, and the fact that the Shire had little government. This is my (very speculative) opinion on what could have been done, based on the information given. Tolkien said in 'Concerning Hobbits' in LotR, that the Mayor was 'elected every seven years at the Free Fair on the White Downs at the Lithe, that is at Midsummer'. (The Lord of the Rings, (London: HarperCollins Publishers, 1995), p. 10) It appears that what was originally a fair then took on a political function: the election of a mayor. The question then arises about whether that Fair also has other political functions. Does it, for example, make laws (legislative acts) and deal with important legal cases (judicial decisions)? Early parliamentary bodies not only had legislative functions; they also functioned as courts of law. The UK Parliament, for example, also operated as a court of law until 1st October 2009; because a committee of its upper house, the House of Lords, composed of peers appointed to carry out its judicial responsibilities, was the UK's highest court of appeal. In dealing with such a murder, it is possible that the Free Fair, either itself, or at the instigation of the Mayor, could appoint one or more temporary judges to deal with the specific case. Perhaps they could be drawn from the lawyers that exist in the Shire. (Bilbo's posessions were being sold at the end of The Hobbit by either an auctioneering firm, or a law and auctioneering firm; and there are references to lawyers in drafts of the first chapter of LotR.) A public prosecutor could also be selected, perhaps from among the lawyers, again to deal with that specific case. There is then the question of whether a jury would be involved. Considering Tolkien's emphatic statement that the Shire was based on an English Midlands village c.1897, it would be reasonable for juries to be appointed in such a case. Perhaps they are selected by some kind of lottery system. What do people think?