#melissa had an exam at 9am this morning about american literature pre 1860

[be-the-glenn-to-my-maggie]

If i have time once i dfinish w my tests, ill try turning this into a fic--

An actual, legal custody battle between the Sullys and Quaritch, who would win?

The Sullys have a history with Child neglect. A good lawyer could make a case for verbal and emotional abuse from Neytiri, as well as physical, if the cut from the ship comes into play (also p sure she tries to attack him multiple times in the comics). You could argue that they can't provide a safe environment for him, and they could use his lack of schooling against them.

Quaritch definitely engaged in some physical abuse, with the whole 'pointing a gun at him, kidnapping him, bringing him to be tortured' thing. However, a very good lawyer could argue that it was his right, as Spiders bio dad, to bring him home, as the Sullys nor anyone else went through the legal human (or na'vi) trouble of adopting him.

And on top of that, if they reviewed the actual torture video of Spider (p sure they got security cams) it would look like Quaritch never actively partook in the torture, and was even the one who stopped it when it became clear that Spider was at risk of serious injury (nose bleeding in a mind tearing machine means bad news, methinks) (I'd think he'd start having some kind of stroke?) Then theres the whole "provide better schooling, housing etc etc".

The Sullies lawyer could argue that Quaritch is the reason he was tortured, and that he held him hostage for months. Could argue that he was putting him in danger by bringing him on that ship (Jake "brings his kids to the battlefield" Jake has no rral leg to stand on) (i mean, cmon, Lo'ak is 14!!! Make him help the wounded or smth)

I think a proper custody battle fic would be cool, so I'm really mad that I have to write it

>:(((

This is the third legal battle on Pandora ask I've gotten. Don't take my response personally and please do what you wish, these are just my opinions and thoughts, as I've really been stewing on it. You know I'm all about the implications of things, again this is not at all at you or the other anon you just got me thinking.

I gotta be honest, this premise does not do it for me at all. I don't vibe with the legal system applying to the Na'vi, first of all. They are not US citizens, they are not even on Earth. Applying a legal system to them that they have no knowledge of and have no reason to follow is another aspect of colonization and genocide that is a huge issue still today. Applying our standards and morals to other communities is wrong. The legal system in the US and Canada has a huge problem of taking indigenous children from the indigenous community and placing them with white families today. Eradicating future cultural generations is a genocidal tactic. This is not the same as the situation with Spider, but a legal battle with the Na'vi over a child has those echos to me. There are only the laws of Eywa on Pandora, why should they be judged on arbitrary rules that apply on Earth? I don't understand it; it has such a colonialist mindset. There is no way to even enforce a ruling, the Na'vi don't have courts and therefore the jury would be human and heavily biased, and there isn't a judge and they would also be biased if there was. Even Spider does not know or follow the laws of Earth, he is not a US citizen. The Na'vi have not been following proper hunting ordinances, if US law applies the game wardens are gonna have to do a lot of ticketing and fining of the Na'vi's no money to fix that. At the very least it's wrong, at the most it's a slippery slope into US law applying to the Na'vi on Pandora which is a MAJOR colonizing step. We cannot even say that Lo'ak and Neteyam should not be on a battlefield, in Na'vi culture Neteyam is fully an adult member of the clan and we are told Na'vi mature faster than humans. Judging that as putting kids in danger is looking at things from a distinctly western and human perspective, when the Na'vi would likely see Jake as overprotective.

Second of all, I do find the concept of treating Quaritch as an actual viable parent as ludicrous. He is, again, a war criminal who has committed genocide. A great many of his war crimes were committed against Spider?? Arguing that anything Quaritch did was his legal right to bring Spider home is crazy, and also saying Spider wasn't adopted by the Sully's makes neglect not even something they can talk about in court as they weren't his guardians ever. Also saying Quaritch saved Spider from torture is laughable. He put Spider there, everything that happens to Spider in the RDA is entirely Quaritch's fault and responsibility. Taking a civilian war prisoner is a war crime. A child? Double war crimes. If this was a court, which again, I really don't like the idea of the American legal system applying to the Na'vi, Quaritch has a lot more problems them custody arguments. Man is in jail for the rest of his life, he's not getting custody.

#again i'm very sorry to be so harsh it is just my thoughts on the concept #pls do not take it at u my lovely friend of the blog #not everyone english majors all things #and please never stop sending me fic ideas please undercoverpan i love u please #miles spider socorro #spider socorro #spider sully #miles quaritch #jake sully #neytiri sully #avatar #avatar the way of water #james cameron avatar #melissa's asks #melissa on avatar (cameron) #melissa is an english major #melissa had an exam at 9am this morning about american literature pre 1860 #lotttt of indigenous sovereignty talk it got me fired up fam