A few years ago, Ashley at The Nef Chronicles wrote a post in which she tried to work out who the legal owner of the One Ring might be. She was at the time a law student. She concluded that nobody owns it.

Yesterday, Daniel Stride took up the challenge and revealed himself as a legal bloodhound: https://phuulishfellow.wordpress.com/2023/09/17/of-golf-balls-and-war-spoils-the-one-ring-and-property-law-squabbles/ He concludes that it’s complicated, but there are four possibilities. The strongest one is one I never would have guessed. (Clickbait.)

The only weakness I can find is that Stride applies New Zealand law. While there is substantial videographic evidence that many of the events in question took place in New Zealand, the veracity of those records can be challenged. Instead, we have to consider that Sauron, the original owner, is not human, but has a quasi-divine status. Therefore ownership of the Ring is subject to Divine Law.

For the most relevant explication of Divine Law I am indebted to Tom Holt1 He quotes Erda, Mother Earth herself, saying “Human law has no bearing on property that is or has been owned or held by a God.” “God” in this context, explicitly includes characters like Sauron. She continues,”under divine law, right of inheritance is subordinate to right of conquest.” (p. 200] Lest there be any confusion, Alberich the Nibelung clarifies, “if I take something away from you it becomes mine, and if they take something away from me it becomes theirs.” (p.201)

With this precedent in mind, many of the ambiguities clear up nicely. After numerous transfers by violence and trickery, Frodo is the true owner. If any further confirmation were needed, we may note that Sam said the Ring was Sauron’s [LR 4.05.132], and Sam may be assumed to be incorrect.

 

Notes

  1. Holt, Tom. Expecting Someone Taller. Ace Books, 1987.