Wizarding law

Warning!

At least some content in this article is derived from information featured in: Harry Potter: Hogwarts Mystery & Harry Potter: Magic Awakened.
As such, spoilers will be present within the article.

"All new wizards must accept that, in entering our world, they abide by our laws."

— Albus Dumbledore commenting on the laws of wizarding society^[src]

Wizarding law, also known as magical law, was the system of rules that were created and enforced through social or governmental institutions to regulate behaviour. Magical law was a system that regulated and ensured that individuals or the wizarding community in general adhered to the will of the state.

Function[]

Once a witch or wizard entered the magical community, they must abide by the pre-existing laws that were already in place. These laws kept the peace and prevented anarchy, and it also gave citizens a higher authority to refer to. Consequently, elaborate and complex legal systems had been developed, aimed at maintaining order and disincentivising antisocial behaviours. There were many striking parallels between the Muggle and wizarding legal frameworks, but there were just as many differences.^[1]

Law structure[]

"The law’s on your side. Even underage wizards are allowed to use magic in life-threatening situations."

— Remus Lupin commenting on magical law^[src]

Punishments meted out were comparable in severity to the crimes to which they referred, and discretion played a part. Harry Potter correctly thought he was in for serious punishment for swelling Marjorie Dursley, yet was reassured by Cornelius Fudge that the powers-that-be "don't send people to Azkaban just for blowing up their aunts". This was of course only because Cornelius had an interest in Harry being free. By contrast, when Dolores Umbridge sought to neutralise the young wizard, she used her discretion to try and punish him most harshly and send him to prison.^[1]

This application of discretion needed not be sneaky, or even serve the greater good. For example, when Igor Karkaroff was in the frame for his crimes as a Death Eater, he managed to reduce the severity of his sentence by volunteering the names of his associates. In Muggle legalese, this kind of legal activity was known as "plea-bargaining".^[1]

Curiously, while a witch or wizard on trial at the Wizengamot could nominate a third party to represent them, there did not appear to be lawyers in the Muggle sense, just a panel who voted in a simple majority (as seen when Ludo Bagman was acquitted by the court by virtue of his status as a popular Quidditch hero). Perhaps the law wasn't seen as a particularly desirable career choice, as Hermione Granger acidly observed when asked by Rufus Scrimgeour if she sought a career in Magical Law.^[1]

Crimes[]

Harry saves Dudley from a Dementor OOTPF — Harry Potter preforming underage magic in front of a muggle

Any young witch or wizard that tried to perform spells at home before the age of 17 would run afoul of the Decree for the Reasonable Restriction of Underage Sorcery (1875). The intention of this statute was presumably two-fold: to keep potentially dangerous or hazardous magic out of inexperienced hands prior to their proper education (policed by a Trace detection spell which automatically expired when the young witch or wizard turned 17), and also to prevent Muggles coming into contact with magic, as per the International Statute of Secrecy (1692).^[1]

Although in the wizarding world, a lot of accidental underage magic tended to just result in a slapped wrist. Harry Potter received a mere letter for his early transgressions.^[1]

In the field of animal law: Aberforth Dumbledore's brush with the law for "using inappropriate charms on a goat" needed little elaboration. It is interesting to note stringent controls on the trade of dragon eggs, the creating of Basilisks, "experimental breeding" in general and a statute banning the poaching of the Ramora fish, a magical native of the Indian Ocean.^[1] There also existed laws governing plants, notably a one thousand Galleon fine for importing illegal plants.^[2]

Taken most seriously, in both legal jurisdictions, were laws which pertained to crimes against the person. The most obvious examples were those laws which referred to murder or grievous bodily harm. A wizarding defendant could expect the harshest sentences for the darkest magic — the Unforgivable Curses.^[1]

Punishment[]

"They don't need walls and water to keep the prisoners in, not when they're trapped inside their own heads, incapable of a single cheerful thought. Most go mad within weeks."

— Description of Azkaban prison^[src]

Minor infractions were settled with fines — such as when Arthur Weasley was penalised 50 Galleons for "bewitching a Muggle car". Custodial sentences were also doled out, but it probably went without saying that Muggle jails were not fit to restrain wizarding kind — as demonstrated by mischievous witch Lisette de Lapin, who broke out of a Parisian cell in 1422, much to the frustration of her would-be executioners. Azkaban was a highest-security prison (bringing even the doughty Rubeus Hagrid to tears), especially when patrolled by the soul-sucking Dementors.^[1]

Another example of archaic punishment worth looking at happened in the United States of America. In 1926 New York, Porpentina Goldstein was suspended in a chair above the death potion, a method of execution hideously reminiscent of the medieval Muggle use of the cucking stool to dunk those accused of crimes in the water, sometimes until they drowned. Executions, in regards to people, did not seem to have happened in Great Britain.^[1]

Miscarriages of justice[]

While the legal system performed a vital function maintaining order, the wizarding world seemed rather prone to mistakes and iffy outcomes. Sometimes this was a result of an unfairly weighted system, as when Buckbeak was sentenced to death for scratching a member of the politically influential Malfoy family. Also consider when Sirius Black was dispatched to Azkaban for Peter Pettigrew's crime, though he was later exonerated.^[1]

It's worth taking heart from the idea that the law, while imperfect, was flexible. Even rule sticklers like Percy Weasley saw room for improvement in the system, and Hermione's tireless championing of house-elf rights reflected a noble tradition of fighting for justice.^[1]

Corruption[]

"Blatant corruption! The Ministry did not cut deals with petty criminals in my day, no sir, they did not!"

— The portrait of Dexter Fortescue discussing the Ministry's actions^[src]

While the law existed to carry out justice, sometimes it was outright undermined by officials who were corrupted by money, status and public opinion, far beyond a simple miscarriage. Ministers of Magic Cornelius Fudge and his successor Rufus Scrimgeour were more worried about the Ministry's reputation than actual security, thus they abused their authorities to manipulate the media, creating cover up stories, and knowingly arresting the wrong people to give the façade of progress. Other high-ranking officials were also known to have engaged in corrupt law-enforcement, such as Dolores Umbridge, who solicited bribes, bargained with petty criminals, and utilised outright illegal methods to achieve her goals such as ordering a Dementor attack or attempting to use the Cruciatus Curse for interrogation.^[3]

When the Death Eaters took over the Ministry in 1998, corruption in the law system became outright evident, to the point of blatantly declaring evil as the new justice. Criminals were falsely cleared and given high-ranking positions in the Ministry, which included maintaining the law that they would be changing and inventing; innocent people were being imprisoned, pursued, or even killed under false pretences. Even children were being trained in illegal Dark Arts (which had been legalised and even encouraged to be used openly) and prejudiced hatred towards Muggles.^[4]

Courtroom procedure[]

Wizengamot[]

"Feeling rather sick he looked up at the people seated at the bench above. There were about fifty of them, all, as far as he could see, wearing plum-coloured robes with an elaborately worked silver W on the lefthand side of the chest and all staring down their noses at him, some with very austere expressions, others looks of frank curiosity."

— Harry Potter viewing the Wizengamot in August 1995^[src]

The Wizengamot was the high court of wizarding law in Britain. The head of the Wizengamot was called the Chief Warlock, an old-fashioned title that denoted "particular skill or achievements" similar to a Muggle knighthood.^[3]

Dumbledore held that post for years, but was temporarily removed from the post during the summer of 1995. He was reinstated in June of 1996. Those who presided over a hearing or a trial were called the interrogators. A Court Scribe took notes of the proceedings. Wizengamot members wore plum-coloured robes with an elaborate silver "W" on the left side. Other members of the Wizengamot included a dumpy wizard with a large black moustache and a frizzy-haired witch, both allied with Fudge against Dumbledore and Harry, and two elderly witches who were apparently friendly to Dumbledore.^[3]

The full Wizengamot sat in judgement of Harry Potter on 12 August, 1995. The hearing took place in Courtroom Ten, which was located on Level 10 of the Ministry of Magic. This courtroom was identical to (and may very well have been the same one as) that which Harry saw in the Pensieve when he "attended" several proceedings from Dumbledore's memory. The walls of Courtroom Ten were dark stone, dimly lit by torches.^[3]

In the centre of the room was a chair with magical chains on it where the accused sat. The court members, of which there were about fifty, sat above overlooking the chair in the judge's balcony. When Harry was being accused, Amelia Bones herself presided. She sat to the left of Cornelius Fudge. Umbridge sat to Fudge's right.^[3]

According to the Wizengamot Charter of Rights, the accused was allowed to call witnesses in their defence and to be represented by another person. Harry was represented by Dumbledore, much to his surprise, and Mrs Figg was called as a witness for the defence.^[3]

Council of Magical Law[]

"Ludo Bagman, you have been brought here in front of the Council of Magical Law to answer charges relating to the activities of the Death Eaters."

— Bagman's trail before the council^[src]

B4C30M1 Wizengamot trial Pensieve memory — Council of Magical Law

The high wizard court of law was held in a dungeon. In court, the accused was magically bound to a chair in the centre of the room. A jury sat on the right of the prosecutor who stated the case against the accused and eventually asked for a verdict.

The courtrooms were located on the tenth level of the Ministry of Magic. During Voldemort's years, prisoners were escorted and guarded by groups of Dementors.

The members of the Wizengamot, of which there were about fifty, wore plum-covered robes with elaborate silver initials on them (the letter 'W').

Harry Potter, looking in the Pensieve, saw Council of Magical Law trials taking place for Igor Karkaroff and Ludo Bagman, as well the sentencing of the Death Eaters (the Lestranges and Barty Crouch Jnr) who had used the Cruciatus Curse on Alice and Frank Longbottom.

Trials[]

Trials appeared to be brief and concise. The accused might present witnesses to be questioned by the Wizengamot. A third-party with legal knowledge might speak on behalf of a defendant, fulfilling a similar role to that of a modern barrister. However, no wizarding lawyers seemed to exist, and the practice of having a spokesperson on behalf of a defendant appeared to be rare.

During the First Wizarding War, then-Head of the Department of Magical Law Enforcement Bartemius Crouch Senior forwent trials for many captured suspects, sending them straight to prison. While this prevented many criminals from manipulating the court to escape justice, it also led to wrongful imprisonments due to lack of chance for such people to speak their sides of the stories.

Law enforcement[]

"Level two, Department of Magical Law Enforcement, including the Improper Use of Magic Office, Auror Headquarters, and Wizengamot Administration Services."

— Description of the department^[src]

The Department of Magical Law Enforcement was in the British Ministry of Magic, which was the wizarding equivalent of both the Muggle police force and the judiciary. It was roughly the equivalent to the Home Office of Muggle Britain and all other departments were answerable to this one, with the exception of the Department of Mysteries.^[5] It was also the largest of the departments in the Ministry of Magic.

Minister for Magic Ulick Gamp's greatest legacy was having founded the Department of Magical Law Enforcement. The Wizengamot and Council of Magical Law were subdivisions of this department.

There were several different subdivisions located in this department, such as the Auror Office, Improper Use of Magic Office, Magical Law Enforcement Patrol and many others. MACUSA also had its own version of the Department of Magical Law Enforcement.

Law practitioners[]

Heads of the Department of Magical Law Enforcement[]

Wizengamot members[]

Others[]

Law in literature[]

There had been numerous books written under the subject of the law, and it can be safely assumed that these books were available to Magical Law Enforcement personnel. These books might also play an important part in law proceedings and might prove useful for those who pursued a career in magical law. Some books included:

Appearances[]

Notes and references[]

↑ ^1.00 ^1.01 ^1.02 ^1.03 ^1.04 ^1.05 ^1.06 ^1.07 ^1.08 ^1.09 ^1.10 ^1.11 Pottermore
↑ Fantastic Beasts: The Secrets of Dumbledore (see this image)
↑ ^3.0 ^3.1 ^3.2 ^3.3 ^3.4 ^3.5 Harry Potter and the Order of the Phoenix
↑ Harry Potter and the Deathly Hallows
↑ Fantastic Beasts and Where to Find Them

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[PM-1] 1.00 ^1.01 ^1.02 ^1.03 ^1.04 ^1.05 ^1.06 ^1.07 ^1.08 ^1.09 ^1.10 ^1.11 Pottermore

[SOD-DP-2] Fantastic Beasts: The Secrets of Dumbledore (see this image)

[OOTP-3] 3.0 ^3.1 ^3.2 ^3.3 ^3.4 ^3.5 Harry Potter and the Order of the Phoenix

[DH-4] Harry Potter and the Deathly Hallows

[FBR-5] Fantastic Beasts and Where to Find Them

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