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have some character and, more importantly, express thoughts disobedient to the 'will' of their masters.
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Well, counter-argument may be made that their masters are not their Ultimate Master - i.e. Morgoth, so they may be disobedient to those 'lesser' evil lords whilst retaining loyalty to Morgoth. Very same argument being brought forth by Tolkien himself in his later writings, but such a theorem is incalculable by reading LoTR on its own, without drawing outer resources, so I'll drop it.
What is calculable, though*is that if theory be true, Grishnákh's still slain
by chance - indeed even if Rohirrim knew about such fine distinctions between individual orks as to discern which were beasts and which 'human', the different action (i.e, taking Grishnákh captive, per instance) would not have been possible unless initiative were on Grishnákh's side, if only he surrendered (So your remark about not seeing such 'orks freely choosing to be good' around is to the ten point)
And again, (with provisos and desclaimers - its a personal theory (speculation), I have arguments pro and contra, but it can not become axiom (by me and now at least), it just seems plausible), I may dare to suppose that, as Elves, on one hand, may be seen as a reflection of Unfallend Humanity, so the Orcs, on another (apart from those of beast origin, i.e. majority) may be, from one angle, be seen of what ultimately Fallen Humanity may be like - not, finally,
irredeemable, but utterly unable to repent on their own (at least unless released from their
hroar. And as
hroar affect
fëar, the repentance is not possible unless
fëar is let off)
Or, to dive into analogies (the vice I'm prone to) - Suppose there is a public pool near my premises where everybody has a right to swim. Another supposition would be that I'm legless and armless depraved invalid. Now, having a right to swim in a pool I lack
capacity to do it, and though my rights are not infringed upon at all, nobody yet have seen me near aforementioned container of liquid, ever.
So, beast orks (majority of them all) lack right and capacity, 'human' orks have right but lack capacity
But I seem to be straying into things this chapter does, indeed, hint about, but in so an obscure way, you won't guess it unless told
So hush now
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* this paragraph being 'Spear re:' entry at the same time (and yes, o'course - first arrow just made him drop the scimitar. And yes, I know Shagrat and Gorbag did not literally
kill each other off, Shagrat surviving
Slips of the tongue, my precous-s-s, it was-s-sn't we, it's-s-ss all Baggins-sses fault, yes-s-ss. my precious-ss) . But if seriously, my apologies - Fey (haste) mood was upon me, but now it passed...