Galactic Property Law: Legal Ownership of the Darksaber

 One of the most commonly known and galactically acknowledged legal principles is that "possession is 9/10 of the law."  It is certainly true that ownership is easier to claim if a person has possession of something, and difficult to enforce if a person does not.   While there are many exceptions to this principle, in general if someone possesses something, it is fair to assume that they legally own it.

  Ownership of the Darksaber, the black-bladed lightsaber created by Tarre Vizsla-- the first Mandalorian ever inducted into the Jedi Order--is a fascinating conflict between established law and ancient, deep-rooted cultural beliefs.  One such set of beliefs, the Mandalorian Creed, holds that the possessor of the Darksaber is the rightful leader of the planet Mandalore.  However, possession is not enough to claim the mantle of leadership--the possessor must also have won the Darksaber in combat.  The Creed, while not actually a law and also a clear departure from common law precedent, has long been accepted and never been challenged in the courts.  In fact, there has really been only one significant exception to the dictates of the Creed, and it involved possession of the Darksaber by Bo-Katan Kryze during the Imperial Era (2 BBY).

Bo-Katan was gifted the Darksaber by Sabine Wren, who had previously earned the weapon in combat.  Wren believed that Bo-Katan was the rightful ruler of Mandalore, and the person best suited to lead the planet against the Empire.  While hesitant, with the support of other Mandalorian clans, she ultimately accepted both possession and ownership of the Darksaber. Unfortunately, during her rule the Great Purge of Mandalore occurred, a near-total genocidal attack on the Mandalorian people by the Empire.  And during this horrific attack, the architect of the Purge, Moff Gideon, obtained possession of the Darksaber.    

The Children of the Watch, the most orthodox adherents of the Mandalorian Creed, blame the Purge on Bo-Katan, claiming:

“Bo-Katan Kryze is a cautionary tale. She once laid claim to rule Mandalore based purely on blood and the sword you now possess. But it was gifted to her and not won by creed [read: in battle]...“Her rule ended in tragedy. They lost their way and we lost our world.”

So, while Bo-Katan possessed the Darksaber, and most legal precedent would agree that she owned it, under the dictates of the Creed  she did not and was thus doomed to fail.  

Fast forward several years and a critical question arises:  Moff Gideon possessed the Darksaber and likely used it for nefarious purposes until he fell to Din Djarin.  However, this raises a key question-how did Moff Gideon actually come into possession of it, and was it through combat? If it was not, does constructive possession of the Darksaber revert to Sabin Wren, the last owner by Creed?  Or does Din Djarin now lawfully possess it as a true subsequent owner? This is a critical issue that might eventually need to be resolved in a venue other than a battlefield.

May the Law Be With You! 





References:

https://starwars.fandom.com/wiki/Darksaber

https://www.denofgeek.com/tv/star-wars-book-of-boba-darksaber-plot-hole-mandalorian/

https://starwars.fandom.com/wiki/Mandalorian_Creed






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