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Or is it to do with race? Enemy Men seem to be well treated, even at times respected (e.g. Aragorn's request that the Dunlendings be properly buried) but enemy Orcs certainly do not.
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Still, at least in HoMe, Tolkien considers the possibility that orcs could ask for mercy and have it granted to them. The italics are mine.
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But even before this wickedness of Morgoth was suspected the Wise in the Elder Days taught always that the Orcs were not 'made' by Melkor, and therefore were not in their origin evil. They might have become irredeemable (at least by Elves and Men), but they remained within the Law. That is, that though of necessity, being the fingers of the hand of Morgoth, they must be fought with the utmost severity, they must not be dealt with in their own terms of cruelty and treachery. Captives must not be tormented, not even to discover information for the defence of the homes of Elves and Men. If any Orcs surrendered and asked for mercy, they must be granted it, even at a cost. This was the teaching of the Wise, though in the horror of the War it was not always heeded. Morgoth's Ring, HoMe X, 419
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Right now, we have an RPG going on in Rohan whose whole purpose is to consider the possibility that JRRT raised in the above quote concerning orcs. This is set in the Fourth Age. I am not sure what the outcome of that story will be, but my gut feeling is that there will be a softening of the image (ever so slightly) that Tolkien left us with.
That's probably because, like davem and some others, I have at least some questions about having a particular group portrayed in such stark terms, even if they are enemies. It just doesn't feel comfortable. I guess if someone gave me a group of creatures and said they were "demons" or some other supernatural horror, I could accept that. But if you tell me that these beings originally carried the blood of men or elves, even if corrupted, I have a hard time seeing things in such black and white terms. I guess I've come to the point where I can at least admit the possibility of a exception within my own mind. (Heresy, I know.

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