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Originally Posted by The Saucepan Man
I would have thought that the behaviour exhibited by the likes of Shagrat, Gorbag, Ugluk, Azog and the Great Goblin, not to mention the existence of "quasi-independent" Orcish colonies and the development of an Orcish culture of sorts (songs, distinctive weaponry etc), provide a valid basis for arguing that they (or some of them at least) were higher than animals and had a degree of free will, whether or not one actually accepts that argument.
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I would say that they do have free will - with the exception of ever being able to choose 'good.' For my argument posted previously, I have them having already 'chosen,' and so they no longer feel the need to reconsider/repent. Still, orcs are a bit murky.
Elves would be more 'spiritual' and orcs more 'animal/physical.'