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Civil Services Examination (India)
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This article is about the examination in India. For a worldwide view, see Civil service entrance examination.
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The Civil Services Examination (CSE) is a nationwide competitive examination in India conducted by the Union Public Service Commission for recruitment to various Civil Services of the Government of India, including the Indian Administrative Service (IAS), Indian Foreign Service (IFS), Indian Police Service (IPS) among others.[1]It is conducted in two phases - a preliminary examination consisting of two objective-type papers (General Studies Paper I and General Studies Paper II also popularly known as Civil Service Aptitute Test or CSAT), and a main examination consisting of nine papers of conventional (essay) type, followed by a personality test (interview).[1]
Contents
[hide]
1 Process
2 Eligibility
2.1 Nationality
2.2 Education
2.3 Age
2.4 Numbers of attempts
3 Vacancies and Selection
4 List of Services
5 Preliminary
6 Mains
6.1 Examination
6.2 List of Languages
6.3 Optional subjects
7 Interview
8 References
9 External links
Process[edit]
The Civil Services Examination is based on the British Raj - era Imperial Civil Service tests, as well as the civil service tests conducted by old Indian empires such as in the Mauryan Empire and Mughal Empire. The Civil Services Examination is considered to be one of the most difficult and competitive examinations in India. On average, 900,000 to 1,000,000 candidates apply every year and the number of candidates appearing to sit the preliminary examination is approximately 450,000.[2] The examination consists of the following three stages:
Stage I: Preliminary examination - A qualifying test advertisied in Feb-March and held in June-July each year. Results are published in mid-August.
Stage II: Main examination - Held in October every year. Results are usually published in the second week of March.
Stage III: Personality Test (interview) - held in December each year. Final results are usually announced in May .
The training program for the selected candidates usually commences the following September.
Eligibility[edit]
Eligibility for the examination is as follows:[1]
Nationality[edit]
For the Indian Administrative Service and the Indian Police Service, the candidate must be a citizen of India.
For other services, the candidate must be one of the following:
A citizen of India
A citizen of Nepal or a subject of Bhutan
A person of Indian origin who has migrated from Pakistan, Myanmar, Sri Lanka, Kenya, Uganda, Tanzania, Zambia, Malawi, Zaire, Ethiopia or Vietnam with the intention of permanently settling in India
Education[edit]
All candidates must have as a minimum one of the following educational qualifications:
A degree from a Central, State or a Deemed university[1]
A degree received through correspondence or distance education
A degree from an open university[3]
A qualification recognized by the Government of India as being equivalent to one of the above[1]
The following candidates are also eligible, but must submit proof of their eligibility from a competent authority at their institute/university at the time of the main examination, failing which they will not be allowed to attend the exam.[1]
Candidates who have appeared in an examination, the passing of which would render them educationally qualified enough to satisfy one of the above points[4]
Candidates who have passed the final exam of the MBBS degree but have not yet completed an internship.
Candidates who have passed the final exam of ICAI, ICSI and ICWAI.
A degree from a private university.
A degree from any foreign university recognized by the Association of Indian Universities.
Age[edit]
The candidate must have attained the age of 21 years and must not have attained the age of 32 years (for the General category candidate) on August 1 of the year of examination. Prescribed age limits vary with respect to caste reservations.
For Other Backward Castes (OBC) the upper age limit is 35
For Scheduled Castes (SC) and Scheduled Tribes (ST), the limit is 37 years.
The upper age limit is relaxed for certain candidates who are backward with respect to other factors and physically handicapped (PH) people.[5]
Numbers of attempts[edit]
The number of times a candidate may attempt the exam is limited as follows:[3]
General category candidates = 6.[6]
OBC category candidates = 9.
SC/ST candidates = unlimited attempts till 37 years of age.
Appearing to attempt one of the papers in the preliminary examination is counted as an attempt, including disqualification/ cancellation of candidature. However, applying to sit the exam but failing to attend is not counted as an attempt.[7]
Vacancies and Selection[edit]
Generally the number of vacancies varies every year. The number of candidates that pass the preliminary examination is generally 11 or 12 times the number of vacancies, and the number of candidates selected for the final interview is twice the number of vacancies. As per existing policies, reservation for SC/ST/OBC is applied to each level of the selection process.
In 2006, around 400,000 candidates applied for fewer than 500 vacancies. Of those candidates, 7,500 passed the preliminary exam. In 2010, 547,698 candidates appeared for the preliminary exam.[8]
List of Services[edit]
Following are the services which one gets on qualifying the Civil Service Examination.[9]
All India Services (Group A)
Indian Administrative Service (IAS)
Indian Police Service (IPS)
Indian Forest Service (IFoS)
Central Services (Group A)
Indian Audit and Accounts Service (IA&AS)
Indian Civil Accounts Service (ICAS)
Indian Corporate Law Service (ICLS)
Indian Defence Accounts Service (IDAS)
Indian Defence Estates Service (IDES)
Indian Foreign Service (IFS)
Indian Information Service (IIS)
Indian Ordnance Factories Service (IOFS)
Indian Post & Telecommunication Accounts and Finance Service (IP&TAFS)
Indian Postal Service (IPoS)
Indian Railway Accounts Service (IRAS)
Indian Railway Personnel Service (IRPS)
Indian Railway Traffic Service (IRTS)
Indian Revenue Service (IRS-IT)
Indian Revenue Service (IRS-C&CE)
Indian Trade Service (ITrS)
Railway Protection Force (RPF)

Group B Services
Armed Forces Headquarters Civil Service (AFHCS)
Delhi, Andaman and Nicobar Islands Civil Service (DANICS)
Delhi, Andaman and Nicobar Islands Police Service (DANIPS)
Pondicherry Civil Service
Pondicherry Police Service
Preliminary[edit]
The pattern of the Preliminary examination up to 2010 was based on the recommendations of the Kothari Commission (1979). It included two examinations, one on general studies worth 150 marks, and the second on one of 23 optional subjects worth 300 marks. Until 2011, when it was revamped,[10] the preliminary pattern was sustained with only minor changes once every ten to fifteen years.[10]
From 2011 onwards, the preliminary examination, now popularly known as the Civil Services Aptitude Test (CSAT)(officially it is still called General Studies Paper-1 and Paper-2), intends to focus on analytical abilities and understanding rather than the ability to memorize. The new pattern includes two papers of two hours duration and 200 marks each.[8] Both papers have multiple choice objective type questions only.[8] They are as under:
Paper I tests the candidate's knowledge on current events, history of India and Indian national movement, Indian and world geography, Indian policy panchayti Raj system and governance, economic and social development, environmental ecology, biodiversity, climate change and general science ,Art and culture.[8]
Paper II tests the candidates' skills in comprehension, interpersonal skills, communication, logical reasoning, analytical ability, decision making, problem solving, basic numeracy, data interpretation, English language comprehension skills and mental ability.[8]
In August 2014, the Centre announced that English marks in CSAT-II will not be included for gradation or merit and 2011 candidates may get a second chance to appear for the test next year.[11]
In May 2015, the Government of India announced that Paper II of the preliminary examination will be qualifying in nature i.e. it wouldn't be graded for eligibility in Mains Examination & a candidate needs to secure at least 33% marks in order to be eligible for graded on basis of Marks of Paper I of Preliminary Examination.[1]
Mains[edit]
The Civil Services Mains Examination consists of a written examination and an interview.[1][12]
Examination[edit]
The written examination consists of nine papers, two qualifying and seven ranking in nature. The range of questions may vary from just one mark to sixty marks, twenty words to 600 words answers. Candidates who pass qualifying papers are ranked according to marks and a selected number of candidates are called for interview or a personality test at the Commission's discretion
According to the new marks allocations in Civil Service Examination 2013 there are some changes made in the examination according to the suggestion of the Prof. Arun. S. Nigavekar Committee.[13] However, after some controversy, the qualifying papers for Indian languages and English were restored to the examination.[14]
Civil Services New Mains Format
Paper
Subject
Marks
Paper A (One of the Indian languages listed below, to be selected by the candidate (from the languages listed in the Eighth Schedule to the Constitution of India) (Qualifying) 300
Paper B English (Qualifying) 300
Paper I Essay 250
Paper II General Studies I (Indian heritage and culture, history and geography of the world and society) 250
Paper III General Studies II (Governance, constitution, polity, social justice and international relations) 250
Paper IV General Studies III (Technology, economic development, bio-diversity, environment, security and disaster management) 250
Paper V General Studies IV(ethics, integrity and aptitude) 250
Papers VI, VII Two papers on subjects to be selected by the candidate from the list of optional subjects below (250 marks for each paper) 500
Sub Total (Written Test) 1750
Personality Test (Interview) 275
Total Marks 2025
List of Languages[edit]
The examination is offered in the following languages, with the name of the script in brackets:[15]
Assamese (Assamese)
Bengali (Bengali)
Bodo (Devanagari)
Dogri (Devanagari)
English (English)
Gujarati (Gujarati)
Hindi (Devanagari)
Kannada (Kannada)
Kashmiri (Persian)
Konkani (Devanagari)
Maithili (Devanagari)
Malayalam (Malayalam)
Manipuri (Bengali)
Marathi (Devanagari)
Nepali (Devanagari)
Oriya (Oriya)
Punjabi (Gurumukhi)
Sanskrit (Devanagari)
Santhali (Devanagri or Ol Chiki)
Sindhi (Devanagari or Arabic)
Tamil. (Tamil)
Telugu (Telugu)
Urdu (Persian)
Optional subjects[edit]
The subjects available for Papers VI and VII are:[15] Public administration is one of the most sought after optional subjects in Mains examination as it has overlapping content with other subjects like Current Affairs, History, Polity. The standards of Optional papers is of Post Graduate level. Paper I is theoretical but Paper II is often dominated by Current Affairs and Application based questions.
Agriculture
Animal Husbandary and Veterinary Science
Anthropology
Botany
Chemistry
Civil Engineering
Commerce and Accountancy
Economics
Electrical Engineering
Geography
Geology
History
Law
Literature of any one of the non-English languages listed above
Management
Mathematics
Mechanical Engineering
Medical Science
Philosophy
Physics
Political Science and International Relations
Psychology
Public Administration
Sociology
Statistics
Zoology
Interview[edit]
Officially called the "Personality Test", the objective of the interview is to assess the personal suitability of the candidate for a career in public service by a board of competent and unbiased observers. The test is intended to evaluate the mental calibre of a candidate. In broad terms, this is really an assessment of not only a candidate's intellectual qualities, but also social traits and interest in current affairs. Some of the qualities to be judged are mental alertness, critical powers of assimilation, clear and logical exposition, balance of judgement, variety and depth of interest, ability for social cohesion and leadership, and intellectual and moral integrity.
The technique of the interview is not that of a strict cross-examination, but of a natural, though directed and purposive conversation that is intended to reveal the mental qualities of the candidate.
The interview is not intended to be a test either of the specialised or general knowledge of the candidate, which has been already tested through written papers. Candidates are expected to have taken an intelligent interest not only in their special subjects of academic study, but also in the events which are happening around them both within and outside their own state or country as well as in modern currents of thought and in new discoveries which should rouse the curiosity of all well-educated youth.
References[edit]
^ Jump up to: a b c d e f g h "Union Public Service Commission Central Civil Services Examination, 2011 Notice" (PDF). upsc.gov.in. Archived from the original (PDF) on 9 July 2011. Retrieved 9 July 2011.
Jump up ^ http://indianexpress.com/article/india/india-others/over-4-5-lakh-students-appear-for-upsc-preliminary-exam/
^ Jump up to: a b "FAQs". upsc.gov.in. Archived from the original on 9 July 2011. Retrieved 9 July 2011.
Jump up ^ "Civil Services Examination - Overview". upsc.gov.in. Archived from the original on 9 July 2011. Retrieved 9 July 2011.
Jump up ^ http://www.upsc.gov.in/exams/notifications/2015/CSP_2015/CSP_2015_eng.pdf
Jump up ^ http://www.upsc.gov.in/exams/notifications/2016/CSP_IFS/CSP/CSP_2016_Engl_Notice.pdf
Jump up ^ http://www.thehindu.com/todays-paper/centre-to-lower-age-limit-for-civil-service-aspirants/article6609797.ece
^ Jump up to: a b c d e "Changes in the civil service examination". Hindustan Times. New Delhi. 21 June 2011. Archived from the original on 10 July 2011. Retrieved 10 July 2011.
Jump up ^ "List of Services through the Civil Services Examination".
^ Jump up to: a b "Change of pattern in UPSC". The Pioneer. 22 June 2011. Archived from the original on 10 July 2011. Retrieved 10 July 2011.
Jump up ^ "CSAT Row : Marks of English paper will not be included for merit". Patrika Group (4 August 2014). Retrieved 4 August 2014.
Jump up ^ http://www.upsc.gov.in/general/civil.htm#List of Optional Subjects - CS (Main)
Jump up ^ "PM approves changes in civil services exam pattern". LiveMint. February 27, 2013. Retrieved 25 March 2013.
Jump up ^ "Govt rolls back changes to UPSC mains exam". The Hindu. 2 September 2016. Retrieved 31 October 2017.
^ Jump up to: a b "CIVIL SERVICES EXAMINATION, 2015" (PDF). Union Public Services Commission. 23 May 2015. p. 5. Retrieved 23 June 2016.
External links[edit]
Union Public Service Commission official website
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Law of South Korea
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Republic of Korea
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Moon Jae-in
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Presidential: 2007
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The neutrality of this article is disputed. Relevant discussion may be found on the talk page. Please do not remove this message until conditions to do so are met. (April 2017) (Learn how and when to remove this template message)
The legal system of South Korea is a civil law system that has its basis in the Constitution of the Republic of Korea.
Contents
[hide]
1 History
2 Judicial System
2.1 Municipal Courts
2.2 District Courts
2.2.1 Branch Courts
2.3 High Courts
2.3.1 Judges
2.3.2 Prosecutors
3 Criminal Procedures
3.1 Rules of Evidence
3.2 Role of Counsel
3.3 Jury Trial
4 Civil Rights
5 Criminal Law
5.1 Due process
5.2 The Korean Penal Code
6 Civil Procedure
6.1 Enactment of the Korean Civil Procedure Act
6.1.1 Guiding Principles of KCPA
6.2 Standing
6.3 Jurisdiction
6.4 Venue
6.5 Litigation Process
6.5.1 Filing a Complaint
6.5.2 Performance Claims
6.5.3 Declaratory Claims
6.5.4 Formation Claims
6.5.5 Service of Process
6.5.6 Dismissing Complaint
6.6 Pretrial Period
6.6.1 Judgment without a Trial
6.7 Trial
6.8 Rules of Evidence
6.8.1 Witnesses
6.9 Verdict
6.10 Appeal
6.11 Res judicata
6.12 Enforcement
7 Private Law
7.1 Tort Law
8 International Laws and Treaties
8.1 Constitutional Adjudication
9 Administrative Law
10 Gallery
11 See also
12 References
13 Further reading
History[edit]
In Korea, many disputes were settled by de facto, informal mediators like elder member of the community or family without making their way to the court.[1] However, as Korea modernized, lawsuits increased dramatically. The total number of civil cases filed in 2002 was 1,015,894 which went up to 1,288,987 in 2006.[2] The South Korean legal system effectively dates from the introduction of the original Constitution of the Republic of Korea and the organization of South Korea as an independent state. During the existence of the Republic of Korea, the Constitution has been revised or rewritten several times, the most recent of which was in 1987 at the beginning of the Sixth Republic.
The Court Organization Act, which was passed into law on 26 September 1949, officially created a three-tiered, independent judicial system in the Republic of Korea.
The revised Constitution of 1987 guaranteed that judges would not be removed from office for any reason other than impeachment, criminal acts, or incapacity. Additionally, the 1987 Constitution officially codified judicial independence in Article 103, which states that, "Judges rule independently according to their conscience and in conformity with the Constitution and the law." In addition to the new guarantees of judicial independence, the 1987 rewrite of the Constitution established the Constitutional Court, marking the first time that South Korea had an active body for constitutional review. [1]
Judicial System[edit]
The judicial system of the Republic of Korea is composed of the Supreme Court of South Korea, the Constitutional Court of South Korea, six High Courts, 13 District Courts, and several courts of specialized jurisdiction, such as the Family Court and Administrative Court. In addition, branches of District Courts may be established, as well as Municipal Courts. South Korean courts are organized and empowered in chapters V and VI of the Constitution of the Republic of Korea.
There is no system of juries in the judicial system of South Korea, although since February 2, 2008 a limited provision for advisory juries has been introduced for criminal cases and environmental cases, and all questions of law and fact are decided by judges.
Municipal Courts[edit]
The Municipal Courts only exercise original jurisdiction over minor cases, such as small claims cases where the amount in controversy does not exceed 20 million won or misdemeanor trials in which the maximum possible sentence is 30 days in jail or a fine not exceeding 200,000 won. There are currently 103 municipal courts in South Korea.
District Courts[edit]
The 18 District Courts have original jurisdiction over most civil and criminal cases. Additionally, the District Court appellate panel may exercise appellate jurisdiction over cases in which a single District Court or Branch Court judge has rendered the decision. In most cases, a single judge hears the case and renders a verdict, although in particularly important or serious cases, a trial panel of three judges may hear the case and render a decision. An appellate panel is also composed of three District Court judges.
Branch Courts[edit]
Branch Courts are organized under and considered a part of the District Courts. The Branch Courts function much as the District Courts do, but lack any appellate function. There are currently 40 Branch Courts in South Korea.
High Courts[edit]
The six High Courts have appellate jurisdiction over cases decided by a trial panel of three judges in a District Court or Family Court, decisions of the Administrative Court, and civil cases heard before the District Court in which one judge decided and where the amount in controversy exceeds 50,000,000 won. Appeals to the High Court are heard by a panel of three High Court judges. High Courts are located in Seoul, Busan, Daegu, Daejon, and Gwangju. Additionally, a special panel of the Gwangju High Court has been established in the Jeju District Court.
Judges[edit]
The qualification of the judges is delegated by the Korean Constitution to the Court Organization Act. In the Court Organization Act Article 42 states that those who passed the National Judicial Examination and have completed the two-year training program at the Judicial Research and Training Institute (JRTI) or those who obtained qualifications as lawyers are eligible for becoming a judge. Though a small number of the judges are selected from practicing attorneys, an overwhelming number of them became judges right after graduation from the JRTI. The judicial reform in 2009 which established U.S. style law schools in lieu of the JRTI also requires the new judges to have a few years of law practice.
Judges in South Korea are nominated for their position by the Chief Justice of the Republic of Korea and subsequently confirmed by the Supreme Court Justices Council (a council composed of Justices of the Supreme Court). Judges serve terms of 10 years, and may be re-appointed to their positions. The nomination process and terms of service above do not apply to Justices of the Supreme Court or to Justices of the Constitutional Court, each of which has its own nomination process and term of service. See Supreme Court of South Korea and Constitutional Court of South Korea for the regulations for each.
The Constitution states that judges may not be removed from their offices except through impeachment, conviction of a crime and sentencing to imprisonment, or if they should become unable to discharge their duties due to serious mental or physical impairment. The Court Organization Act sets the retirement age of judges as 63; for Supreme Court justices, who are technically not "judges", the retirement age is 65.
Prosecutors[edit]
The Korean legal system belongs to the Continental Inquisitorial system, which is markedly different from the English adversarial system. It was modeled after European continental systems such as German and French judicial structure. Like Chinese prosecutors and European and Japanese prosecutors, Korean prosecutors directly or indirectly conduct criminal investigations. They involve themselves in judicial procedure by conducting investigations, determining indictable cases,and the prosecution process.
Korean prosecutors have contributed to successful prosecution of many highly ranked officials and renowned conglomerate business leaders, including two former presidents (1995) and sons of incumbent presidents (1997 and 2002 respectively). Especially in 1997, the South Korean prosecution service contributed to imprisonment of the son of incumbent president, Kim Hyeon Chul, which happened for the very first time in the world judicial history. As the result of successful, even relentlessly fair probings and prosecutions of corporate crimes, they often face criticism from corrupt politicians and business leaders as to whether prosecutors' application on laws may be too severe and harsh.
Two scandal cases right before the presidential election in 2012 gave huge blows to the fame of Korean prosecutors, and this brought in the abolition of "Grand central investigation team" in the prosecution service, which was replaced by "anti-corruption team" in Seoul central district of Prosecution service (in 2013). This was a downsized format of the Grand central investigation team in overall structure, i.e. personnel and scale. Also the Korean government introduced a specially-appointed prosecutors organization (in 2014) for when it comes to handling large corporate-bureaucrat scandals requiring supreme level of transparency and objectivity. Specially-appointed prosecutors will be chosen by votes of national assembly members.
However, it has been controversial whether the abolition of grand central investigation team was inevitable, as it had accomplished substantial achievements in effective prosecution of huge corruption-corporate crimes (during the period between 1981-2013). In addition, there are doubts whether or not the objectivity of specially-appointed prosecutors would be guaranteed when the appointment is being made by members of national assembly. If the majority of national assembly members don't want the criminal case investigated, then it is likely that the case will not be handled at all.
During the Lee Myung Bak government, Korean prosecutors often faced criticism over seemingly lenient prosecution of several cases, which was known to be related to President Lee's national project and his relatives. Plus, they are sometimes blamed for suspicious leniency in investigating prosecutors themselves. However, since election of President Park, the Korean prosecution service has been making efforts on self-purification process in eliminating corruptions. They also are making endeavours in succession to the past Korean prosecution service's effective and objective processing of criminal investigations. .[3]
Criminal Procedures[edit]
Rules of Evidence[edit]
The Korean Rules of Evidence confer a high probative value to so called suspect interrogation records produced by the prosecutors, which is "a protocol containing a statement of a suspect or of any other person, prepared by a public prosecutor or a judicial police."[4] However, this document is technically a hearsay under the English American legal system and contains a record of a confession made without assistance of legal counsel. While either the police officer or prosecutor can produce a suspect interrogation record, one made by a prosecutor is admissible if the suspect confirms the genuineness of the Record at a preparatory hearing or during the trial. If the suspect denies the genuineness, the record could still be admissible if there is a circumstantial guarantee of trustworthiness. However, a record made by a police officer is inadmissible if the suspect denies the genuineness later in the process.[5]
The suspect can confirm genuineness by signing the record at the end, at which time it is then is presumed to be confirmed. Another way to confirm is by substantial acknowledgement where the defendant verifies the content of the record. A police produced record is required to have substantial acknowledgement.
Role of Counsel[edit]
Currently, the defense lawyers play a minimal role in the interrogation process. Defense counsel can be present during interrogation and can only object when the method of interrogation is unjust, and counsel can give opinions only after the interrogators approve.
Jury Trial[edit]
On January 2008, Korea began experimenting with a limited form of lay jury system.[6]
Civil Rights[edit]
Citizens of the Republic of Korea are guaranteed several rights by Chapter II of the Constitution. These rights include (but are not limited to):
freedom of speech, religion, assembly, and the press;
the right to vote, hold public office, and petition the government;
protections against double jeopardy, involuntary labor, ex post facto laws, and warrantless searches of residences; and
the right to education, work, marriage, and health
In addition to the rights granted in this section of the Constitution, two duties are imposed upon citizens of the Republic of Korea: the duty to pay taxes and the duty to enter into military service. In addition, Article 37(2) provides that the "freedoms and rights of citizens may be restricted by law only when necessary for national security, the maintenance of law and order, or for public welfare."
One limitation placed on civil rights in South Korea is the National Security Act, which limits "anti-government activities." In particular, the National Security Act criminalizes activities such as promoting anti-government ideologies (especially communism) or joining anti-government organizations.[7] The Constitutional Court has narrowed the applicational scope of the National Security Act over the years.
Nevertheless, Korean activist lawyers have managed to become a formidable institution within Korea's legal system, in part due to the election of Roh Moo-hyun as president.[8]
Criminal Law[edit]
Criminal law in South Korea is largely codified in the Penal Code, which was originally enacted in 1953, and has undergone little revision since. In addition to the Penal Code, several 'special acts' have been enacted that create criminal offenses not found in the Penal Code or else modify the penalties of crimes found in the Penal Code. In cases where provisions in a special act create an apparent conflict with the Penal Code, the special act is usually given preference.[9]
Due process[edit]
Both the Constitution and the Penal code contain provisions that prohibit ex post facto laws and violations of due process. In addition, the Constitution requires judicial warrants for arrest, detention, search, or seizure, except where a person suspected of a crime is caught in flagrante delicto or where a person suspected of a sufficiently serious crime poses a risk of escape or destruction of evidence, in which cases an ex post facto warrant may be issued.
Additionally, no criminal suspect may be tortured or compelled to testify against himself. The Constitution also requires that a person arrested for a crime be given assistance of counsel (selected or appointed), be informed of the charges against him and of his right to counsel, and have the right to petition the court for habeas corpus. A person arrested for a crime also has the right to have his family or other close kin promptly notified as to the reason, time, and place of his detention.[10]
The Korean Penal Code[edit]
The Korean Penal code is organized into 372 articles, further organized into 4 chapters of general provisions and 42 chapters of specific provisions. Abortion is restricted under the Korean Penal Code.
Civil Procedure[edit]
Until recently there was little English literature written about Korean civil procedure.[11] The primary body of law on civil procedure is the Korean Civil Procedure Act and the Korean Rules of Civil Procedure (KRCP). Another important area is the Civil Execution Act first enacted in 2002 as a separate act. For special cases, there is the Family Litigation Act for family law matters and the Bankruptcy and Rehabilitation Act for bankruptcy and restructuring proceedings.
Enactment of the Korean Civil Procedure Act[edit]
After independence, the Japanese civil procedure law remained in force until the Korean Civil Procedure Act was enacted on July 1, 1960. The KCPA has been amended 14 times with the most drastic change occurring in 2002. The 2002 KCPA emphasized the pretrial phase and the concentration of the trial for the sake of efficiency as well as separating civil execution from the KCPA.
Guiding Principles of KCPA[edit]
Article 1 of the KCPA stipulates that the court should strive to enhance fairness, speed, and efficiency in civil proceedings.
Standing[edit]
Under the Civil Act, a natural or a juristic person has a party standing. An association and a foundation other than a juristic person can have a standing as a party if additional requirements are met.[12] They are (1) there is a decision making body, (2) representing organ that acts thereby creating and exercising and fulfilling the rights and duties of the organization, (3) assets separate from the assets of its members.
Jurisdiction[edit]
The district courts along with their branch courts have original jurisdiction over civil cases. A single judge presides over a case in controversies not exceeding 50 million Korean Won. Above that amount, a panel of three judges hears the case. Cases that are complex and difficult for a single judge to handle are handled by a three-judge panel as well. The specific rules are prescribed in the Regulation on the Subject Matter Jurisdiction in Civil and Family Litigations.
The parties can also establish jurisdiction of a particular court by agreement in writing unless another court has an exclusive jurisdiction over the matter. If the defendant fails to raise a timely jurisdictional challenge in its pleading during the pre-trial on the merits of the case, the defendant is deemed to have consented to the jurisdiction.[13]
For cases of international character, Korean Private International Law, also known as Conflicts of Laws determines the jurisdiction. A Korean court has jurisdiction when a party or a case in controversy has substantial relationship with Korea.[14] In determining the jurisdiction, the unique nature of international jurisdiction and the relevant clauses in Korean law are considered as well.[15]
Venue[edit]
There are general and special venues under Korean civil procedure. The court at the defendant's domicile can hear the claims.[16] If the defendant's domicile is not known or does not exist, the court at the defendant's residence can hear the claim. The KCPA also lists special venues in addition to general venues such as the workplace, where the obligation is performed, where the subject matter is located, or where the tort occurred. If there is a multiple venues, the plaintiff can choose one of them to bring action.
Litigation Process[edit]
Filing a Complaint[edit]
A civil action begins when a plaintiff files a complaint, which sets out the alleged facts and remedy sought, with the court.[17] A complaint must state the parties, legal representative if any, the remedy sought, and cause of actions.[18] The plaintiff can seek remedy such as damages, specific performance and injunctions. The three types of actions are performance, declaratory, and formation claims.
Performance Claims[edit]
The action is to compel the defendant to perform or refrain from certain acts.
Declaratory Claims[edit]
The action is to have the court declare existence or absence of the legal relationship in controversy.
Formation Claims[edit]
The action is to create or change a legal relationship by a court order.
Service of Process[edit]
When a complaint is properly received by the court, the court serves the defendant with a duplicate of the complain, [19] usually by certified mail but also by court officials or a marshall. If the defendant's address cannot be found, the court can order a public notice instead.[20]
Dismissing Complaint[edit]
The plaintiff can dismiss the case at any time before the defendant makes his pleading on the merit.[21] In such case, the defendant is deemed to have consented to dismissal if he makes no objection within two weeks after the plaintiff moves to do so.
Pretrial Period[edit]
This period is to clarify disputed facts and legal issues. The parties exchange briefs and supporting documents through answers and counterclaims under the court supervision. The defendant is required to file a written answer within 30 days after the complaint is served.[22] In response, the defendant can accept, dispute, or remain silent about the allegations.
Judgment without a Trial[edit]
If the defendant accepts the claim or admits all the facts, the court can render a judgment without a trial. When the defendant fails to contest the complaints in a timely manner or remains silent, the court can regard it as acceptance or admission as well.
Trial[edit]
When the pre-trial period is over, the judge sets a date for the trial. The trial is public and done orally. As there is no jury in civil litigation, all trials are bench trials. The parties can represent pro se and the court can appoint a public defender for In forma pauperis.
Rules of Evidence[edit]
The contested facts need to be proven by evidence while facts admitted by the opponent do not require evidence. The judge can only rule based on the evidence presented and cannot use his or her personal knowledge to rule on the case. The court has very wide discretion in assessing relevance and materiality of evidence, and virtually any type of evidence can be admitted to the court. Typically, documentary evidences tend to have higher probative value than oral testimony.
Witnesses[edit]
Unlike other countries, the party to the litigation cannot be a witness. A witness has the privilege not to testify if he or she has a justification. KCPA Article 315(1) lists attorneys, patent attorneys, notary public, certified public account, doctors, pharmacists, and priests to have such privilege.
The witness is first examined by one party and then cross-examined by the opposing party, followed by re-direct and re-cross. The judge can also ask questions of the witnesses during the examination. Leading questions are permitted only on cross-examination and not others.[23]
Verdict[edit]
After the conclusion of the trial, the judge renders a judgment based on the evidence presented and law. The opinion of the court follows a highly structured format of (1) parties and legal representatives, cause of action, date when the pleadings were done, the court. Unlike the opinions of the common law jurisdictions, the Korean judicial opinions tend to be brief and often lack detailed reasoning for the conclusion.
Appeal[edit]
When the decision is given, the losing party can appeal to the court above within 14 days after the judgment is served to that party or else the judgment becomes final. The other party can cross appeal as well. The court of appeals can examine the facts as well as law and the parties can submit new allegations and evidences.
After the appellate court makes a decision, the parties can appeal to the Supreme Court. The Supreme Court hears a large number of appeal cases (about 8,859 in 2006) and sometimes rules on factual issues as well.
Res judicata[edit]
After the appeal process is over, the judgment is finalized and is binding.
Enforcement[edit]
The enforcement of civil judgments is dictated by the Civil Execution Act. Judgments rendered by a foreign court can be enforced.[24]
Private Law[edit]
Private Law issues in Korea are regulated by the civil code (민법,民法) and the commerce code (상법,商法). The civil code of Korea was enacted in 1960 and is based upon the Japanese civil code which was the used in Korea prior to the enactment.
Tort Law[edit]
Korean Civil Code Article 750 defines torts by stating "Any person who causes losses to or inflicts injuries on another person by an unlawful act, willfully or negligently, shall make compensation for damages."
International Laws and Treaties[edit]
Treaties ratified by the Republic of Korea have the same effect as domestic law, as stated in Article 6 of the Constitution. The Constitution gives the power to make treaties to the President, while the National Assembly has the right to consent to treaties made by the President. South Korea is currently party to several international agreements and organizations.
Constitutional Adjudication[edit]
Administrative Law[edit]
This section is empty. You can help by adding to it. (November 2012)
Gallery[edit]
Seoul Supreme Court during Japanese rule
Busan District Court during Korea under Japanese rule's period
See also[edit]
South Korea portal
Law portal
Constitution of the Republic of Korea
Constitutional Court of Korea
Copyright law of South Korea
Criminal law of South Korea
Civil Procedure of South Korea
Politics of South Korea
Supreme Court of South Korea
Administrative Law of South Korea
References[edit]
Jump up ^ Lisa Blomgren Bingham, Sun Woo Lee and Won Kyung Chang (2007), Participatory Governance in South Korea: Legal Infrastructure, Economic Development, and Dispute Resolution, 19 Pac. McGeorge Global Bus. and Dev. L.J. 375, 381-2
Jump up ^ http://www.scourt.go.kr/scourt_en/jdc_info
Jump up ^ http://www.spo.go.kr/eng/service/organization.jsp
Jump up ^ Yong Chul Park, Does it Matter Who Wrote It?: the Admissibility of Suspect Interrogation Record Written by Prosecutors in Korea, Journal of Korean Law, Volume 6, Number 2, 181 (2007)
Jump up ^ Korean Criminal Procedure Act Article 312
Jump up ^ Ryan Y. Park, The Globalization of the Jury Trial: Lessons and Insights from Korea, American Journal of Comparative Law, Summer 2010
Jump up ^ The Constitution of the Republic of Korea, Articles 10-39. Available at ICL: "Archived copy". Archived from the original on 2006-07-28. Retrieved 2006-07-28.
Jump up ^ Patricia Goedde, From Dissidents to Institution-Builders: The Transformation of Public Interest Lawyers in South Korea Archived 2011-03-25 at the Wayback Machine., 4 East Asia Law Review (2009)
Jump up ^ Cho, Kuk, "Korean Criminal Law: Moralist Prima Ratio for Social Control" . Journal of Korean Law, Vol. 1, No. 1, 2001 Available at SSRN: http://ssrn.com/abstract=289401
Jump up ^ The Constitution of the Republic of Korea, Article 12.
Jump up ^ Kuk Cho, Litigation in Korea p. 2
Jump up ^ KCPA Article 52
Jump up ^ KCPA Article 30
Jump up ^ Korean Private International Law Article 2(1)
Jump up ^ Korean Private International Law Article 2(2)
Jump up ^ KCPA Article 2
Jump up ^ KCPA Article 248
Jump up ^ KCPA Article 249
Jump up ^ KCPA Article 255(1)
Jump up ^ KPCA Article 194
Jump up ^ Article 266(2)
Jump up ^ KCPA Article 256(1)
Jump up ^ RCP Article 91(2), 92(2)
Jump up ^ Sung Hoon Lee (2006), Foreign Judgment Recognition and Enforcement System of Korea, 6 Journal of Korean Law 1, 110
Further reading[edit]
Kim, Sangjoon, Jaihyun Park, Kwangbai Park, and Jin-Sup Eom. "Judge-Jury Agreement in Criminal Cases: The First Three Years of the Korean Jury System." Journal of Empirical Legal Studies. Volume 10, Issue 1, pages 35–53, March 2013. Published online January 18, 2013. DOI: 10.1111/jels.12001.
The Korean Law Blog. "[2]"
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One Ring
From Wikipedia, the free encyclopedia
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"Ring-bearer" and "The One Ring" redirect here. For the attendant in a wedding ceremony, see Page boy (wedding attendant). For the role-playing game, see The One Ring Roleplaying Game.
This Middle-earth-related article describes a work or element of fiction in a primarily in-universe style. Please help rewrite it to explain the fiction more clearly and provide non-fictional perspective. (January 2017) (Learn how and when to remove this template message)
The One Ring
Artist's unofficial representation of the One Ring
Plot element from the Lord of the Rings franchise
First appearance
The Hobbit (1937)
Created by
J. R. R. Tolkien
Genre
Fantasy
In-story information
Type
Magical ring
Function
Invisibility
Power augmentation
Will domination
Control over other Rings of Power
Specific traits and abilities
Plain gold ring; glowing inscription appears when ring is placed in flames
Affiliation
Sauron
Isildur
Déagol
Sméagol / Gollum
Bilbo Baggins
Frodo Baggins
Samwise Gamgee
Celebrimbor
The One Ring is an artefact that appears as the central plot element in J. R. R. Tolkien's The Lord of the Rings (1954–55). It is described in an earlier story, The Hobbit (1937), as a magic ring of invisibility. In the sequel, The Lord of the Rings, Tolkien ascribes to the Ring a darker character, with malevolent power going far beyond conferring invisibility: it was created by Sauron the Dark Lord as part of his design to win dominion over Middle-earth. The Lord of the Rings concerns the quest to destroy the Ring to keep Sauron from fulfilling his design.
Contents
[hide]
1 Literature
1.1 Description
1.2 Appearance
1.2.1 Inscription
1.3 Ring-bearers
1.4 Internal history
1.5 Powers
1.6 Fate of the Ring-bearers
2 Symbolism
3 Adaptations
4 See also
5 Notes
6 References
Literature[edit]
In The Lord of the Rings and the posthumously published The Silmarillion, Tolkien provides a detailed internal development from the forging of the Ring to its destruction. In the fictional context of Middle-earth, these events take place during several thousand years in the Second and Third Age of Arda.
Description[edit]
The One Ring was forged by the Dark Lord Sauron during the Second Age to gain dominion over the free peoples of Middle-earth. In disguise as Annatar, or "Lord of Gifts", he aided the Elven smiths of Eregion and their leader Celebrimbor in the making of the Rings of Power. He then forged the One Ring himself in the fires of Mount Doom.[1]
Sauron intended it to be the most powerful of all Rings, able to rule and control those who wore the others. Since the other Rings were themselves powerful, Sauron was obliged to place much of his own power into the One to achieve his purpose.[2]
Creating the Ring simultaneously strengthened and weakened Sauron's power. On the one hand, as long as Sauron had the Ring, he could control the power of all the other Rings, and thus he was significantly more powerful after its creation than before;[3] and putting such a great portion of his own power into the Ring ensured Sauron's continued existence so long as the Ring existed. On the other hand, by binding his power within the Ring, Sauron became dependent on it—without it, his power was significantly diminished.[1][3]
Appearance[edit]
The Ring seemed to be made simply of gold, but it was impervious to damage. It could be destroyed only by throwing it into the pit of the volcanic Mount Doom where it was originally forged. Unlike other rings, the One Ring was not susceptible to dragon fire.[4] Like some lesser rings forged by the Elves as "essays in the craft"—but unlike the other Rings of Power—the One Ring bore no gem. Its identity could be determined by a little-known but simple test: when placed in a fire, it displayed a fiery Tengwar inscription in the Black Speech of Mordor, with two lines from a rhyme of lore describing the Rings:
Three Rings for the Elven-kings under the sky,
Seven for the Dwarf-lords in their halls of stone,
Nine for Mortal Men doomed to die,
One for the Dark Lord on his dark throne
In the Land of Mordor where the Shadows lie.
One Ring to rule them all, One Ring to find them,
One Ring to bring them all and in the darkness bind them
In the Land of Mordor where the Shadows lie.
The lines inscribed on the Ring (in boldface above) were pronounced by Sauron when he forged the Ring. The Elven smiths heard him chanting them, and thereupon became aware of his purpose and took off their own Rings to foil his plan.
A person wearing the Ring would enter a shadowy world revealing the physical world from a different aspect, from which physical objects were harder to see. The wearer was mostly invisible to ordinary beings, such as Men, but highly visible to the Nazgûl. The Ring dimmed the wearer's sight, while at the same time sharpening the other senses.
The enigmatic Tom Bombadil appeared to be unaffected by the Ring and to have some power over it; when he wore the Ring, it did not make him invisible, and Frodo could not become invisible to him by wearing the Ring. Also, Tom played with the Ring like a conjurer borrowing someone's watch for a trick, seemingly making it disappear and reappear.
The Ring slowly but inevitably corrupted its bearer, regardless of the bearer's initial intent. For this reason the Wise, including Gandalf, Elrond, and Galadriel, refused to wield it themselves, but determined instead that it should be destroyed. The corrupting power of the ring was apparently stronger on individuals more inclined to evil and selfishness: it took almost immediate hold of the greedy Sméagol as soon as he saw it, and corrupted Boromir after a few months of near proximity, while its effects were only starting to be seen in the well-meaning Bilbo after his sixty years' possession.
The Ring had the ability to change size. As well as adapting to fingers of varying size, from Sauron's to Frodo's, it sometimes suddenly expanded to escape from its wearer.[5]
Inscription[edit]
The words of the ring-inscription are in Black Speech, a language devised by Sauron and used in the land of Mordor. The inscription reflects the One Ring's power to control the other Rings of Power. The writing uses Elvish letters (tengwar), in a mode (i.e. orthography) adapted to the Black Speech.
Normally the One Ring appeared perfectly plain and featureless, but when heated its inscription appeared in fiery letters. A drawing of the inscription and a translation provided by Gandalf appears in Book I, Chapter 2 of The Fellowship of the Ring, "The Shadow of the Past".
Gandalf speaks the words in Black Speech in Book II, Chapter 2, "The Council of Elrond":
Ash nazg durbatulûk, ash nazg gimbatul,
Ash nazg thrakatulûk agh burzum-ishi krimpatul.
Translated, the words mean:
One ring to rule them all, one ring to find them,
One ring to bring them all and in the darkness bind them.
When Isildur took the Ring from Sauron's hand, it was burning hot, so the letters were legible. Isildur was able to transcribe the inscription before it faded as the Ring cooled. This transcription survived in a document Isildur left in Gondor before marching north to the Gladden Fields, where he was killed and the Ring lost.
Gandalf learned of the Ring's inscription when he read Isildur's account. When Gandalf subsequently heated the ring that Bilbo Baggins had left to Frodo, the inscription reappeared. The wizard then had no doubt that Frodo's ring was the One Ring. When Gandalf recited the inscription in Black Speech at the Council of Elrond, everyone trembled:
The change in the wizard's voice was astounding. Suddenly it became menacing, powerful, harsh as stone. A shadow seemed to pass over the high sun, and the porch for a moment grew dark. All trembled, and the Elves stopped their ears.
The first Ballantine paperback edition of The Fellowship of the Ring printed the inscription upside-down. Some recent editions[6] accidentally omit the first half of the translation in Book I, Chapter 2. This error was corrected in the 50th Anniversary edition.
Ring-bearers[edit]
The term Ring-bearer is used in The Lord of the Rings to describe a person who has possessed the One Ring. The term is also used to refer to bearers of other Rings of Power.
In The Lord of the Rings, Frodo Baggins was appointed Ring-bearer by the Council of Elrond in Rivendell. His task was to carry the One Ring from Rivendell to the Crack of Doom in Mordor and to destroy it before Sauron or his servants could recover it. During this journey, Frodo's companion Samwise Gamgee also carried the ring briefly while Frodo was held captive in the Tower of Cirith Ungol. Near the onset of this journey the Ring was handled also by Tom Bombadil, upon whom the Ring had no apparent effect, and by Gandalf, who cast it into Frodo's fireplace to verify that it was the One Ring.
Frodo inherited the Ring from his uncle Bilbo Baggins. In Tolkien's earlier novel, The Hobbit, Bilbo found the Ring in the caverns beneath the Misty Mountains. It had been lost in the caverns by Gollum, who used the invisibility it conferred to hunt orcs to eat. Gollum, a hobbit previously known as Sméagol, had kept the Ring for hundreds of years. He had murdered his friend Déagol to get the Ring shortly after Déagol found it in the river Anduin. Many centuries earlier the Ring had betrayed Isildur and fallen from his finger into the Anduin as he was eluding orcs—who killed him when he became visible. Isildur in turn had cut the Ring from the hand of Sauron, who had made the Ring and let much of his power flow into it. Sauron was the Ring's true master, and the only being who could bend it completely to his will.
Though Déagol and Gandalf had handled the Ring, the only individuals ever to wear it were Sauron, Isildur, Sméagol/Gollum, Bilbo, Frodo, Tom Bombadil, and Samwise. None but Bilbo, Frodo, and Samwise are actually called "Ring-bearers" in any of Tolkien's works. As Ring-bearers, they were granted passage to the Undying Lands, though Sam lived in the Shire for many years after the departure of Bilbo and Frodo before making the journey himself.
Internal history[edit]
Further information: Timeline of Arda
After its original forging (about S.A. 1600) Sauron waged the War of the Elves and Sauron against the Elves and all who opposed him. Sauron invaded and destroyed Eregion, and killed Celebrimbor, the maker of the three rings of the Elves. However, King Tar-Minastir of Númenor sent a great fleet to Middle-earth, and with this aid Gil-galad destroyed Sauron's army and forced Sauron to return to Mordor.
In S.A. 3261, Ar-Pharazôn, the last and most powerful king of Númenor, landed at Umbar at the head of an immense army to do battle with Sauron. The sheer size and might of the Númenórean army was enough to force Sauron's armies to flee. Sauron surrendered to Ar-Pharazôn and was taken back to Númenor as a prisoner. Tolkien, in a letter written in 1958 (#211) wrote that the surrender was both "voluntary and cunning" so he could gain access to Númenor. Sauron was able to use the Númenóreans' fear of death as a way to turn them against the Valar, and manipulate them into worshipping his master, Morgoth, and performing human sacrifice.
Although Sauron's body was destroyed in the Fall of Númenor, his spirit was able to travel back to Middle-earth and wield the One Ring in his renewed war against the Last Alliance of Elves and Men between S.A. 3429 and 3441. Tolkien emphasized that Sauron used his ring in Númenor to gain complete control over its people; and while Sauron's body perished in the Fall, the Ring somehow made it back to Middle-earth. Tolkien wrote, "I do not think one need boggle at this spirit carrying off the One Ring, upon which his power of dominating minds now largely depended." (letter #211).
Sauron was killed again by Gil-galad and Elendil at the end of the Last Alliance. The Ring was cut from Sauron's hand by Elendil's son, Isildur, on the slopes of Mount Doom. Though counselled to destroy the Ring, he was swayed by its power and kept it safe instead, "as weregild for my father, and my brother". A few years later, Isildur was ambushed by orcs by the River Anduin near the Gladden Fields; he put on the Ring to escape, but it slipped from his finger as he swam across the river, and, suddenly visible, he was killed by the orcs. Since the Ring indirectly caused Isildur's death, it was known in Gondorian lore as "Isildur's Bane".
The Ring remained hidden on the river bed for almost two and a half millennia, until it was discovered on a fishing trip by a Stoor hobbit named Déagol. His friend and relative Sméagol, who had gone fishing with him, was immediately ensnared by the Ring's power and demanded that Déagol give it to him as a "birthday present"; when Déagol refused, Sméagol strangled him and took it for himself. The Ring corrupted his body and mind, turning him into the creature known as Gollum. The Ring, which Sauron had endowed with a will of its own, manipulated Gollum into hiding in a cave under the Misty Mountains near Mirkwood, where Sauron was beginning to resurface. There Gollum remained for nearly 500 years, until the Ring tired of him and fell off his finger as he was hunting an orc.
As is told in The Hobbit, Bilbo found the Ring shortly afterward while lost in the tunnels near Gollum's lair. When The Hobbit was written, Tolkien had not yet conceived of the Ring's sinister history. Thus, in the first edition of The Hobbit, Gollum offers to surrender the Ring to Bilbo as a reward for winning the Riddle Game. When Tolkien revised the nature of the Ring for The Lord of the Rings, he realized that the Ring's grip on Gollum would never permit him to give it up willingly. Tolkien therefore revised the second edition of The Hobbit: after losing the Riddle Game to Bilbo, Gollum went to get his "Precious" (as he always called it) so he could kill and eat Bilbo, but flew into a rage when he found the Ring missing. Deducing from Bilbo's last question—"What have I got in my pocket?"—that Bilbo had found the Ring, Gollum chased him through the caves, not realizing that the hobbit had discovered the Ring's powers of invisibility and was following him to the cave's exit. Bilbo escaped Gollum and the goblins by remaining invisible, but when he rejoined Gandalf and the dwarves he was travelling with, he decided not to tell them that the Ring had made him invisible. In fact he told them a story that closely followed the first edition of The Hobbit: that Gollum had given him the Ring and showed him the way out. Gandalf was not convinced and later forced the real story from Bilbo; he was thus immediately suspicious of the Ring.
Gollum eventually left the Misty Mountains to track down and reclaim the Ring. He wandered for decades, and was drawn to Mordor, where he was captured by Sauron's forces. He was interrogated by Sauron himself, who learned that the Ring had been found and was currently held by one "Baggins" in the land of "Shire".
In T.A. 3001, the Ring was beginning to strain Bilbo, leaving him feeling "stretched-out and thin", and so he decided to leave the Shire, intending to pass the Ring to his adopted heir Frodo Baggins. He briefly gave in to the Ring's power, even calling it "my precious"; alarmed, Gandalf spoke harshly to his old friend to persuade him to give it up, which Bilbo eventually did, becoming the first Ringbearer to surrender it willingly.
By this time Sauron had regained much of his power, and the Dark Tower in Mordor had been rebuilt. Gollum, released from Mordor, was captured by Gandalf and Aragorn, and from him Gandalf learned that Sauron now knew where to find the Ring. To prevent Sauron from reclaiming his Ring, Frodo and eight other companions set out from Rivendell for Mordor in an attempt to destroy the Ring in the fires of Mount Doom. During the quest, Frodo gradually became more and more susceptible to the Ring's power, and feared that it was going to corrupt him. When he and his faithful companion Samwise Gamgee discovered Gollum on their trail and "tamed" him into guiding them to Mordor, Frodo began to feel a strange bond with the wretched, treacherous creature, while Gollum warmed to Frodo's kindness and made at least some effort to keep his promise. Gollum eventually gave in to the Ring's temptation, however, and betrayed them to the spider Shelob. Believing Frodo to be dead, Sam bore the Ring himself for a short time and experienced the temptation it induced; he wore it briefly twice, but never succumbed to it.
Sam rescued Frodo from a band of orcs at the Tower of Cirith Ungol. The hobbits, followed by Gollum, eventually arrived at Mount Doom, where Frodo was overcome by the Ring's power and claimed it for himself. At that moment, however, Gollum attacked him and bit off his finger, taking back the Ring. Gollum was too close to the edge: as he gloated over his prize he fell into the fires of Mount Doom, taking the Ring with him, thus destroying it and Sauron's power.
Powers[edit]
The Ring's primary power was control of the other Rings of Power and domination of the wills of their users.[7] The Ring also conferred power to dominate the wills of other beings whether they were wearing Rings or not—but only in proportion to the user's native capacity. In the same way, it amplified any inherent power its owner possessed.[7]
A mortal wearing the Ring became effectively invisible except to those able to perceive the non-physical world, with only a thin, shaky shadow discernible in the brightest sunlight.[7] The Ring would also extend the life of a mortal possessor indefinitely by preventing natural aging. Gandalf explained that it does not "grant new life", but that the possessor merely "continues" until life becomes unbearably wearisome. However, the Ring could not protect its bearer from destruction; Gollum perished in the Crack of Doom while in possession of the Ring, and even Sauron himself could not preserve his body from destruction during the downfall of Númenor. Likewise, the Ring could not protect its bearer from physical harm; Frodo was seriously injured by the Witch-king on Weathertop, and lost a finger when Gollum bit it off—on both occasions while wearing the Ring. Sauron himself suffered the death of his physical body at the hands of Gil-galad and Elendil while wearing the Ring. Like the Nine Rings, the One Ring could physically corrupt mortals who wear it for extended periods of time, eventually transforming them into wraiths. Hobbits were more resistant to this process than Men: Gollum, who possessed the ring for five-hundred years did not become wraith-like because he did not wear the ring often after taking it to the tunnels of the Misty Mountains.[8]
The Ring might also have given its wielder the ability to read minds, as Galadriel suggested to Frodo when he wondered why he could not read the thoughts of others as she did.
Within the land of Mordor where it was forged, the Ring's power increased so significantly that even without wearing it the bearer could draw upon it, and could acquire an aura of terrible power. When Sam encountered an orc in the Tower of Cirith Ungol while holding the Ring, he appeared to the orc as a powerful warrior cloaked in shadow "[holding] some nameless menace of power and doom." The orc was so terrified that it fled. Similarly at Mount Doom, when Frodo and Sam were attacked by Gollum, Frodo grabbed the Ring and appeared as "a figure robed in white... [that] held a wheel of fire." Frodo told Gollum "in a commanding voice" that "If you touch me ever again, you shall be cast yourself into the Fire of Doom," a statement fulfilled when Gollum fell into Mount Doom with the Ring. Although the Ring was certainly invoked with this statement, it is unclear whether Frodo was prophesying (Frodo had previously seen less sinister visions while in possession of the Ring), or if Frodo was actively laying a curse upon Gollum.
As the Ring contained a large part of Sauron's power, it was endowed with a malevolent sentience of sorts. While separated from Sauron, the Ring would strive to return to him by manipulating its bearer to claim ownership of it, or by abandoning the bearer at an opportune moment.[9] For example, it slipped from Isildur's finger during the ambush at Gladden Fields; moments later he was killed by orcs, leaving the Ring's whereabouts unknown to Sauron's enemies. It also slipped off Gollum's finger when the time was right for it to be brought back into the world at large. Warned by Bilbo of the Ring's tendency to slip off, Frodo carried the Ring on a chain.
To master all of the Ring's capabilities, a Ring wielder would need a disciplined and well-trained mind, a strong will, and great native power. Those with weaker minds, such as Hobbits and lesser Men, would gain little benefit from the Ring, let alone realize its full potential. Even for someone with the necessary strength, it would have taken time to master the Ring's power to the point where he was strong enough to overthrow Sauron.[9] The prospect of mastery is the main appeal that the Ring holds for those who come in contact with it. The Ring appears as a symbol of hope, offering the power to defeat Sauron and bring peace to the world. Yet in the end, its inherent malevolence would twist its bearer into another Dark Lord as evil as Sauron, regardless of one's intentions at the outset.
Despite its power, the Ring did not render its bearer omnipotent. Three times Sauron suffered military defeat while bearing the Ring, first by Gil-galad in the War of Sauron and the Elves, again by Ar-Pharazôn when Númenórean power so overawed his armies that they deserted him, and again at the end of the Second Age with his personal defeat by Gil-galad and Elendil. Tolkien indicates, however, that such a defeat would not have been possible in the waning years of the Third Age, when the strength of the free peoples was greatly diminished. There were no remaining heroes of the stature of Gil-galad, Elendil, or Isildur; the strength of the Elves was fading and they were departing to the Blessed Realm; the Dwarves had been driven out of Moria and would have been unwilling to concentrate their strength in any event; and the Númenórean kingdoms had either declined or been destroyed, and had few allies.
Fate of the Ring-bearers[edit]
Of the several bearers of the One Ring, three were still alive following the Ring's destruction, the hobbits Bilbo Baggins, Frodo Baggins, and Samwise Gamgee. Bilbo, having borne the Ring longest of the three, had reached a very advanced age for a hobbit. Frodo suffered both physical and psychological scars from his strenuous quest to destroy the Ring. Samwise, having only briefly kept the Ring, was affected the least and simply carried on a normal life following the Ring's destruction.
In consideration of the trials the Ring-bearers had endured, special dispensation was granted them by the Valar to travel to the Undying Lands, where it was hoped they could find rest and healing. At the close of The Return of the King, Bilbo and Frodo embark for the voyage to the West along with Galadriel, Elrond, and many of their folk, as well as Gandalf. Near the end of his life, Samwise is also said to have been taken to the Undying Lands, after living in the Shire for many years and raising a large family.
Tolkien emphasized that the restorative sojourn of the Ring-bearers in the Undying Lands would not have been permanent. As mortals, subject to the Gift of Men, they would eventually die and leave the world of Eä.[10]
Symbolism[edit]
Tolkien wrote the following about the idea behind the One Ring: "I should say that it was a mythical way of representing the truth that potency (or perhaps potentiality) if it is to be exercised, and produce results, has to be externalized and so as it were passes, to a greater or lesser degree, out of one's direct control." (Letter #211, 1958).
Tolkien always strongly held that The Lord of the Rings was not allegorical, particularly in reference to political events of his time such as World War II or the Cold War. At the same time he conceded "applicability" as being within the "freedom" of the reader,[11] and indeed many people have been inclined to view the One Ring as a symbol or metaphor. The notion of a power too great for humans to safely possess is an evocative one, and already in the 1930s there were technologies available to suggest the idea. By the time the work was published, though not when most of it was written, the existence of nuclear power and nuclear weapons were common knowledge, and the Ring was often taken as symbolic of them.[12] The effect of the Ring and its physical and spiritual after-effects on Bilbo and Frodo are obsessions that have been compared with drug addiction; actor Andy Serkis who played Gollum in the film trilogy cited drug addiction as an inspiration for his performance.[13]
Parallels have been drawn between the literary device of Tolkien's Cursed Ring and the titular ring in Richard Wagner's Der Ring des Nibelungen.[14] Tolkien dismissed critics' direct comparisons to Wagner, telling his publisher, "Both rings were round, and there the resemblance ceases."[15] According to Humphrey Carpenter's biography of Tolkien, the author held Wagner's interpretation of the relevant Germanic myths in contempt.[16] In the contrary sense, some critics hold that Tolkien's work borrows so liberally from Wagner that Tolkien's work exists in the shadow of Wagner's.[14] Others, such as Tom Shippey[17] and Gloriana St. Clair,[18] attribute the resemblances to the fact that Tolkien and Wagner have created homologue works based in the same sources. However, Shippey and other researchers have written on an intermediary position, stating that both the authors, indeed, used the same source materials but that Tolkien was, in fact, indebted to some of the original developments, insights and artistic uses made upon those sources that first appeared in Wagner, and sought to improve upon them.[19][20]
Adaptations[edit]
The One Ring in Peter Jackson's films.
In the 1981 BBC Radio serial of The Lord of the Rings, the Nazgûl chant the Ring-inscription; it is also recited by them in part during Peter Jackson's The Hobbit, specifically during the film The Battle of the Five Armies.
In The Lord of the Rings film trilogy, the wearer of the Ring is always portrayed as moving through a shadowy realm where everything is distorted. In the book, neither Bilbo Baggins nor Frodo Baggins ever mentioned anything about this while using the Ring, but when Sam puts on the Ring at the end of The Two Towers he does experience something similar to this. Sam never wore the Ring on screen in Jackson's films. The actual Ring for the movies was designed and created by Jens Hansen Gold & Silversmith in Nelson, New Zealand, and was based on a simple wedding ring.
See also[edit]
Middle-earth portal
Ring of Gyges
Ring of the Nibelung
Notes[edit]
^ Jump up to: a b Tolkien, J. R. R. (1954), The Fellowship of the Ring, The Lord of the Rings, Boston: Houghton Mifflin (published 1987), "The Shadow of the Past", ISBN 0-395-08254-4
Jump up ^ Tolkien, J. R. R. (1977), Christopher Tolkien, ed., The Silmarillion, Boston: Houghton Mifflin, "Of the Rings of Power and the Third Age", p. 287–288, ISBN 0-395-25730-1
^ Jump up to: a b Carpenter, Humphrey, ed. (1981), The Letters of J. R. R. Tolkien, Boston: Houghton Mifflin, "Letter 131", p. 153, ISBN 0-395-31555-7
Jump up ^ J.R.R. Tolkien, The Lord of the Rings, "The Shadow of the Past", p. 61 (Houghton Mifflin, 50th Anniversary Edition, Boston & New York, 2004).
Jump up ^ J R R Tolkien: The Lord of the Rings. George Allen & Unwin, London, 1968. ISBN 0-04-823087-1. Page 60.
Jump up ^ For example, The Fellowship of the Ring, ISBN 0-618-00222-7, from the Houghton-Mifflin boxed paperback set of 1999.
^ Jump up to: a b c Carpenter 1981, #131 pg 152
Jump up ^ Tolkien, J.R.R. The Lord of the Rings. p. 57.
^ Jump up to: a b Carpenter 1981, #246 pg 332
Jump up ^ Letters, Number 246, p. 328.
Jump up ^ Carpenter 1981, #203
Jump up ^ Carpenter 1981, #226
Jump up ^ "Andy Serkis BBC interview". BBC News. March 21, 2003. Retrieved January 6, 2010
^ Jump up to: a b Alex Ross, "The Ring and the Rings> Wagner vs Tolkien", The New Yorker, December 22, 2003
Jump up ^ Carpenter 1981, #229
Jump up ^ Carpenter, Humphrey (1977), Tolkien: A Biography, New York: Ballantine Books, ISBN 0-04-928037-6
Jump up ^ Tom Shippey, The Road to Middle-earth, page 296
Jump up ^ "CMU Libraries: Book: Tolkien's Cauldron". Shelf1.library.cmu.edu. 2001-10-11. Retrieved 2011-11-16.
Jump up ^ "Project MUSE - Tolkien Studies - Roots and Branches: Selected Papers on Tolkien (review)". Muse.jhu.edu. Retrieved 2011-11-16.
Jump up ^ Roots and Branches
References[edit]
Carpenter, Humphrey, ed. (1981), The Letters of J. R. R. Tolkien, Boston: Houghton Mifflin, ISBN 0-395-31555-7
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