“The man who passes the sentence should swing the sword”
Game of Thrones is a fantasy drama TV series based on books by George RR Martin (A Song of Ice and Fire). The series is loosely based on numerous real historical events, most notably the English Wars of the Roses. The brilliant books and TV series may be filled with sex, scandal, magic, war and a few dragons, but there is also lots of law.
The Role of the Monarch
“We know no King but the King in the North”
Westeros is the land in which most of the series is set in. At its head is a King or Queen. The King or Queen has the power to decide on matters such as decisions to go to war as well as smaller matters like what should happen to common thieves. They can create common law (judge-made law) similarly to appeal court judges in the UK. Britain is famous for having a monarch with legal power to make decisions regarding the realm. There have been Kings/Queens in England since 827 but their legal power has been reduced over the centuries as Parliamentary sovereignty has risen. All Acts of Parliament still require Royal Assent to become valid, so the monarch does still have an important symbolic position in the British legal system.
In Game of Thrones, Kings, Queens, Princes, Princesses and wannabe Kings and Queens actually fight in battles. Queen Elizabeth would of course not lead an army in battle but she does remain commander-in-chief on the armed forces. Prince Harry did do a spell in the army and even had to leave an interview in Afghanistan when he was called into action. In the past English monarchs did fight in real battles. One of the most famous being Henry V, a warrior King, who conquered France in just a few years. He even took an arrow to his face when he was fighting in battle as a Prince. So, the position of English Kings and Queens has changed but in the past they acted in a similar way to royalty in Game of Thrones, other than Queen Daenerys Targaryen who rides into battle on the back of a dragon. No English King or Queen has ever done that.
Regicide
“I know I’ll get no justice here, so I will let the Gods decide my fate. I demand a trial by combat”
Just like modern day justice systems of the world, in Westeros, trials take place to decide on the guilt of those who are suspected of committing crimes. One of the most famous trials of the series was that of Tyrion Lannister, accused of regicide for the death of his nephew - King Joffrey - who died after being poisoned. A death which those who watched were glad to see. Now, there is a lot of issues with Tyrion’s trial that a real lawyer could (and has) question. Firstly, in the UK we have juries for murder trials. The jury is made up of twelve random people and none can have any connection to the accused. In Game of Thrones, Tyrion is tried by three lords of noble houses, headed by his own father - Tywin Lannister. Clearly, there is a major conflict of interest with Tyrion’s father being a Judge and juror.
Tyrion does not have legal representation and when he asks to question a witness, Tywin grants him only one question. Tyrion’s Article 6 right to a fair trial under the European Convention on Human Rights would without a doubt be found to have been severely breached.
Ultimately, all the questioning and use of witnesses is pointless as after Tyrion reiterates his innocence - albeit by also saying he wished he had done it - he goes on to claim his right to a trial by combat. No longer in use these days in the real world, but a trial by combat was a way to settle legal disputes in historical England and was even in use in France in 1967!?!
Omissions
“I’m not a thief”
“You’re fine with murdering little boys but thieving is beneath you?”
“A man’s got to have a code”
Would young Arya Stark have faced criminal liability for making no attempt to help, or get help, for Sandor Clegane (The Hound) following his fight with Brienne of Tarth?
Arya and the Hound had been building up a good relationship so one would have thought Arya might try and help the Hound. But, she leaves him to what she thinks will be his death and in England and Wales she would not have faced any criminal liability for doing nothing as you cannot be liable for an omission unless you have: created a dangerous situation, a contractual duty to act, or a certain responsibility to act. This is the idea that you do not have to be the ‘good Samaritan’. This means you will not face any criminal liability for choosing to ignore someone who is drowning in a river as you walk past.
Discrimination of illegitimate children
“Never forget what you are. The rest of the world will not. Wear it like armour and it can never be used to hurt you”
Arguably the main character of the show is Jon Snow. Jon is constantly called a ‘bastard’ as he is the son of Eddard Stark but he/we do not find out who his real mother is until later in the series. Jon is therefore said to be an illegitimate child as he was thought to have been born outside of marriage. This means he has no right to his father’s surname or to inherit his father’s status of Lord of Winterfell.
In England and Wales, we have testamentary freedom to leave gifts to whomever we like after our death via wills. But even if someone dies intestate (without a will), their illegitimate children are treated as legitimate children and will therefore have automatic legal rights to inherit from their parent, depending on the size of the estate and whether the deceased had a spouse. So Jon would have a lot more rights in our world and may not have chosen to give everything up and join the Nights Watch.
Sentencing Criminals
“Night gathers, and now my watch begins”
At current prison levels in England and Wales are high and many are full. This may not be a problem if the sentence available in Westeros to men found guilty of theft, rape and other crimes was available in England and Wales.
Essentially, an unlimited amount of criminals in Westeros could be sent to ‘The Wall’. Inspired by Hadrian’s Wall, criminals can avoid other punishments or be directly sent north to an ancient giant ice wall 700 feet high and 300 miles long where they vow to never leave, never marry, never have children or own any land. Breaching any of these vows results in death. They also have to learn to fight so that they can protect the people and land to the south from threats from ‘beyond the wall’. It is certainly a unique form of rehabilitation.
This is just a handful of law I noticed when watching the series. There is so much more. Law is the backbone of lots of TV and entertainment. Law makes for exciting stories as it gives people power which can be used for good but also, as Game of Thrones proves, for evil.
“A reader lives a thousand lives before he dies… The man who never reads lives only one”
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