March 2, 2015 10:15 AM EST
Okay, since you asked so nicely, I'll bite. First, I have to say that I am not a lore master like Matt, Phil, or Tom. I'm just a novice, so bear that in mind when you read this. This is going to be a long one, so brace yourselves . . .
The tradition of challenging the sitting High King to a duel is most definitely an ancient Nord custom. No one can really deny that. I see two issues at play, here: (1) Imperial culture vs. ancient Nord culture; and (2) Use of the Thu'um.
Imperial culture vs. ancient Nord culture
No one can deny that the custom of challenging the High King to a duel had not been practiced in a long time. If it were, why it be a shock to many citizens, including those who pledge allegiance to Ulfric? Very rarely--if at all--do we encounter a citizen who says very coldly, "Yeah, Ulfric challenged the High King according to our customs." On the contrary, citizens appeal to ancient Nord traditions and customs to legitimize Ulfric's actions. Why? I believe that Imperial culture has so seeped into the fabric of Skyrim and her citizens that ancient Nord anything is seen as unusual. This is easy to understand. The Empire has been the dominate force since the second era. The Empire brought to Skyrim prosperous trade, safety, and a new way of civilization. Apart from the Stormcloaks, there are no Nord armies--just Nords making up the backbone of the Imperial Legion. If the Dunmer were to attack Skyrim, the Legion would protect her, not Nord armies.
All this to say that Nord culture has "morphed" (for a lack of a better word) into a Skyrimized Imperial culture. For better. (we can argue all day about the Septim vs. Mede dynasties, but that's not the subject). Was Ulfric's actions, then, legal? No, not according to Imperial law. Skyrim has followed Imperial law, admittedly, with some autonomy, since the second era.
Here’s an example. During the colonial days of U.S. history, a person was punished for their crimes by being placed in the stocks in the public square. Now, that ancient custom seems strange, silly, and uncivilized 200 years later. However, here comes the traditionalist. He intercepts a convicted felon on the way to prison and places him in a home-made stocks. Hey, it's a return to tradition held by all Americans. While mildly amusing, you'd still have some Americans in favor of it (believe it or not). However, that wouldn't make it right. In fact, it would be illegal. One can argue for a return to ancient custom without breaking curent law.
Let's face it, Nords are pretty confused about their own customs. In Nords Arise!, the author claims that Talos blessed Ulfric with the Thu'um. We know that Akatosh granted the gift. What other misinterpreted customs do the Nords claim for support?
Interesting side note: nothing in-game indicates that anyone before Ulfric even thought about challenging Torygg--even the Jarls who despised Torygg.
Use of the Thu'um
Even if you think that Ulfric's duel was legal, using the Thu'um was amazingly unfair. First, the Thu'um had not been used in combat in over 4,000 years. Why would Torygg expect to face Ulfric's shout? How could he prepare for it? Second, even when the Thu'um was used in combat, only a select group of Nords even had this power. The very fact that Thu'um-users had their own unique title, Tongues, tells me that this group of people was small (compared to the rest of Skyrim) and unique. Granted, all fights have a measure of disproportionality. Someone will always be better. However, using the Thu'um against someone who would never have that power, is akin to David and Goliath, and Goliath (the nine-foot freak) won. It would only be fair if Torygg could shout, and even if Torygg was not as good at shouting as Ulfric, I would not call the fight unfair. Tullius and the Jarls aligned with the Empire appear to be shocked with Ulfric's shouting. You hear less about the duel itself and more about the morality of Ulfric's use of shouting. Tullius, at Helgen, says, "But a hero doesn't use a power like the Voice to murder his king and usurp his throne."
Last Thoughts
I like Ulfric as a character because of the controversy he engenders. However, I do think that he illegally and immorally performed the duel. I think he's power-hungry and somewhat self-serving (read: Nords Arise!). Nevertheless, I think Skyrim has a valid claim against the Imperial ratification of the White-Gold Concordat.
However, a united humanity is essential for mankind's survival. Human unity is a consistent theme through ES history from the Dawn Era War of the Ehlnofey through the First through Third Empires. Mortal men will not survive the Dominion scattered and fractured.
