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Lawyers in Westeros

This is Part 2 of the interview I did with George R. R. Martin in  2007.  For background and part 1, click here.  For the audio file, click here.

 HOFFMAN: Are there lawyers in your books that are just in the wings off stage that haven’t yet appeared?

MARTIN: That’s an interesting question. I hadn’t really considered that until I started reading those links that you sent me. There are certainly laws but are there special classes of advocates who make their living by interpreting those laws? My inclination is probably not because the laws my books are administered by lords. In some ways it’s government as much for men than law. We like to say our government in the United States is a government of laws not men. In some ways the Seven Kingdoms I think is the reverse. There is basis of a law but also a lot depends on who is interpreting it and who is sitting in the Lord’s seat, who is sitting on the Iron Throne and how they settle these disputes.

HOFFMAN: Well those are ultimate questions but I think in two places one could have imagine lawyers and one of them again will be this church trial because there were church lawyers in the ecclesiastical church system there were lawyers who specialized in canon law. And the second one was at least twice I can think of in the books there’re trials by combat. And I don’t really know what the other alternative would be but I assume would be trial by jury – the path that Tyrion did not choose both times. And I was thinking –

MARTIN: Well he does choose in the first…in the second…second of his two trials, he is being tried – it’s not by jury – it’s by lord. There’s no jury of his peers, no twelve people that are randomly picked but there are three lords sitting on his case and hearing the evidence.

HOFFMAN: Right.

MARTIN: And, you know, the –

HOFFMAN: Tyrell I think is one of them, I don’t remember the other two.

MARTIN: Oberyn Martell, who is the Red Viper is one of them, in order to balance it because they want a semblance of impartiality. It’s a hopeless thing because his father is the presiding judge and the right hand of the king and his sister, who is also the daughter of the same father, is the chief complainant who is accusing him of doing these things. But that does have semblance of a trial where witnesses are being called forth, people are swearing oaths, people are testifying against him and saying what they saw and what they did not saw. Though Tyrion realizes that it’s hopeless, he’s losing that so he exercises an option as a lord to request a trial by combat instead.

HOFFMAN: Which was a bad choice –

MARTIN: When Oberyn stands for him he thinks he has a better chance there. And he has gotten off...

Via Concurring Opinions

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