Laws of Ice and Fire: George R.R. Martin, Song of Ice and Fire cycle from a legal historian’s perspective Part II E: Property Law

Laws of Ice and Fire: George R.R. Martin, Song of Ice and Fire cycle from a legal historian’s perspective

Part II E:

Property Law

Individual ownership of personal property and land (though with feudal overtones) is the norm in Westeros, and acquisition by sale, gift and inheritance is in evidence. Real property may be lost by abandonment [V:42]. Little more is revealed. One possibly problematic area is property in dragons. Daenerys Targaryen appears to see them as (her) property [II:528], but whether they can be regarded as truly under her control, or should be so regarded, is not entirely clear.

Some marginal and ‘foreign’ cultures take a different view of the appropriate relationship between people and things or land, and the appropriate modes of acquisition of property.

A notably different view persists amongst the Ironborn. Fittingly, the motto of House Greyjoy is ‘We do not sow’ [II:154], and their ‘Old Way’ praises and asserts religious justification for those who ‘reave and rape’ [ibid.]. An interesting gender distinction is made: in the Old Way, whilst ‘women might decorate themselves with ornaments bought with coin’, there was a more demanding requirement for ‘warriors’, who were allowed to wear only the jewellery they took from ‘the corpses of enemies slain by his own hand’. This was known as ‘paying the iron price’ for the jewels [II:166].

The Dothraki do not acquire property through sale, but through a system of (semi-) reciprocal gift-giving [V:73], and do not have a strong concept of individual property since they see it as appropriate for members of a former khalasar to remove the ex-khal’s herd: ‘it is the right of the strong to take from the weak’ [I:733].

Also far from Westerosi concepts is the view of the Wildings. Ygritte expresses views reminiscent of some native American or aboriginal peoples, disputing the idea of individual ownership of (some?) land and chattels, which are worth quoting in full: ‘The gods made the earth for all men t’ share. Only when the kings came w their crowns and steel swords, they claimed it was all theirs. My trees, they said, you can’t eat them apples. My stream, you can’t fish here. My wood, you’re not t’ hunt. My earth, my water, my castle, mu daughter, keep your hands away or I’ll chop them off, but maybe if you kneel t’ me I’ll let you have a sniff. You could call us thieves, but at least a thief has t’ be brave and clever and quick. A Kneeler only has t’ kneel.’ III:462.

 

The feudal element

Lordship and feudal ties are much in evidence, though little explained. High lords have bannermen, bound to them by oaths, though the connection with land grants has not been explored, and no doubt there is more to say about the rights and responsibilities of lords and ‘smallfolk’. It is clear that (some?) people can choose to whom they swear themselves – e.g. Brienne of Tarth swears to Catelyn Stark [II:508] in what seems more like a personal bond than something land-related.

Wardship is a known institution, though it is not always well-distinguished from fosterage and hostageship. Thus Theon Greyjoy is said to be the ward of Ned Stark [I:12] but is in reality a hostage for his father’s good behaviour following a rebellion against Robert I Baratheon [See also I:22; I:37].

Money It is interesting to note that there is no equivalent to the medieval Christian horror of usury. The Iron Throne pays ‘usury’ on its loans [III:361] and Cersei tells merchants to pay usury on their own loans from the Iron Bank of Braavos [IV:604].


Abbreviations

I:          George R.R. Martin, A Game of Thrones

II:        George R.R. Martin, A Clash of Kings

III:       George R.R. Martin: A Storm of Swords

IV:       George R.R. Martin, A Feast for Crows

V:        George R.R. Martin, A Dance with Dragons

World: George R.R. Martin, E M Garcia Jr, L. Antonsson, The World of Ice and Fire: the untold history of Westeros and the Game of Thrones

Number references refer to pages in I – V, but to Kindle locations for World.

Gwen Seabourne

28/12/2014