“Law must, like the other parts of the culture, be understood in its historical context and within ‘the political, social and economic conditions, which have given it form and shape.’ (Sandra Berns, Concise Jurisprudence, Federation Press, Sydney 1993, p. 120) If we look at the parts of society as inter-linking … we do see that our ‘public’ institutions continue to be dominated by males and we further comprehend that there are gender differences in personality traits and roles. It is evidence that law may, in fact, not reflect women’s experiences – instead seeing and treating women ‘the way men see and treat women,’ (Catharine MacKinnon, “Feminism, Marxism, Method and the State: Towards a Feminist Jurisprudence,” (1983) 8 Signs 685) which has been described as irrational, illogical, emotional and erratic. (Ngaire Naffine, ‘Sexing the Object of Law,” in M Thornton (ed.) Public and Private: Feminist Legal Debates, OUP, Melbourne 1995, pp 18-39.)”
Women and the Law in Australia, ed. Patricia Easteal, LexisNexis Butterworths 2010 Sydney.
A while ago, a post on /r/asoiaf caught my eye: it noted that the biggest difference between the books and the show was that ultimately, the big lessons of the books are missed by the show. Instead of showing us that Sansa learns from the cruelty and machinations of Cersei and Littlefinger, and resolves to never be like that, Show!Sansa is all about becoming a blend of Cersei and LF – the Queen in the North who is ruthless as well as strong. Tywin Lannister is still considered to the show to be A Great Man, rather than a cruel tyrant whose legacy is a stinking, rotting corpse and a pile of horse manure in the throne room.
Fundamentally, the showrunners’ biggest flaw in GOT was in missing the nuance and ethics of care at the heart of the books. We’re supposed to cheer on Jon and Sansa as they grow into leaders who care for the people they rule. We’re supposed to side eye Dany when she talks about care but then burns people alive. We’re supposed to feel deeply uncomfortable as Tyrion goes dark. We’re supposed to see Cersei as a tragic victim of misogyny but a horrendously cruel woman who has brought her own misery upon herself. We’re supposed to cheer on Jaime’s redemption but also remember that he is still (as at AFFC/ADWD) leading the Lannister armies to enforce the broken cruelty his father subjected the Riverlands to in the first arc of the books.
Short term gain and Big Impressive Water Cooler Moments are not what ASOIAF is about, and nowhere was that more starkly confirmed than in Season 8. Yes, I am grateful that for 8 seasons, a fantasy show was The Biggest TV Show In The World. But jeez I wish they’d actually adapted ASOIAF, instead of coming up with their idea of Game of Thrones…