Bilbo Baggins, Defendant: Law In Tolkien @MizzouLaw

HATTS (Historical and Theatrical Trial Society) of the University of Missouri School of Law has announced the trial of Bilbo Baggins of Bags End, The Shire, for stealing the Arkenstone of Thrain. The trial will take place on Wednesday, April 4, in the Law School's Courtroom.

Law in J. R. R. Tolkien's saga Lord of the Rings (LOTR) is an interesting subject. Below are some cites (including blogposts) that discuss the question.

Omar Ha-Redeye and Jacob Kaufman, Lord of the Rings as Property Law, Law Is Cool

Charles Lincoln, IV, The Silmarillion and the Lord of the Rings as a Lens Into Constitutional Interpretation: A Possible Synthesis of Natural and Positive Law

Graham McAleer, Tolkien's Establishment, Law and Liberty

Michael Martinez, A Discussion of Law in Middle-Earth

Christina Sterbenz, 6 Laws From Lord of the Rings (Business Insider)

J. R. R. Tolkien, Law and Customs Among the Eldar, from Morgoth's Ring (1993).

Jonathan A. Watson, Tolkien, Aquinas, and the Law.  Another link:



Then of course there's

Edward Castronova, The Renaissance of Natural Law: Tolkien, Fantasy, and Video Games

Brent Lang, Warner Brothers, Tolkien Estate Settle Massive "Lord of the Rings" Lawsuit, Variety 

Kathryn Rubino, Court Investigates Whether Being Compared To Gollum Is Insulting, Above the Law


Oh, and

Elie Mystal, Departure Memo From Middle Earth Burns the Bridge of Khazad-Dum, Above the Law


Follow the Precious.

Lincoln on The Silmarillion and the Lord of the Rings as a Lens into Constitutional Interpretation: A Possible Synthesis of Natural and Positive Law

Charles Edward Andrew Lincoln, IV, Boston University (Students), University of Amsterdam, has published The Silmarillion and the Lord of the Rings as a Lens into Constitutional Interpretation: A Possible Synthesis of Natural and Positive Law. Here is the abstract.

The nature of identity in the U.S. lies in the Constitution. Perhaps this is due to “veneration” of the document. It has also been argued that the Declaration of Independence holds a seminal role in the American identity. The rift seems to occur with the concept of a “living constitution,” whereby the concept of an ever-evolving jurisprudence allows for an evolving interpretation of the Constitution as society changes. This rift is demonstrated the world of J.R.R. Tolkien. In The Lord of the Rings and Silmarillion, the various being of Middle Earth have distinct natures. The elves seek beautiful things, the orcs are former elves that have been corrupted, the dwarves are logical, etc. However, their natures are subject to change. This is exemplified when Melkor one of the original beings, created by Eru Ilúvatar (the original being), turns dark when the original singing of the Ainur becomes dissonant with Melkor’s choice to sing differently. Natural law has been compared to originalism. Again, it may be fair to compare natural law to the order set by Eru Ilúvatar. If this premise is accepted that natural law is originalism, the order set by Eru Ilúvatar, then the dissonance caused by Melkor can arguably be the concept of a living constitution. This deviation from Eru Ilúvatar’s original plan does not have to necessarily be negative. There are others who fall out of line with the original conception of Eru Ilúvatar, such as men who are endowed with the gift of a short life and thus are industrious and creative. Arguably, it could also be extended to the world of Hobbits who are evidently related to men -- but their origin story is never clearly delineated in any of Tolkien’s writings. Thus, this shows that the story of the Silmarillion primarily and in part The Lord of the Rings can exemplify rifts of originalism and living constitution doctrines. These perhaps are not just relevant for US Constitutional interpretation purposes.

Download the article from SSRN at the link.