<\/p>\n
As to the first purpose of this paper, a crucial part of conducting comparative law research is obtaining information on foreign law. This crucial part may mean both using information on foreign law as a tool in order to conduct the comparison as well as aiming at gaining new information through the comparison. The information on foreign law may, as a consequence, concern both method and outcome: knowledge about the laws in different jurisdictions is necessary in order to compare these to one another; at the same time, the comparison may deepen this knowledge and understanding of a certain law.<\/p>\n
<\/p>\n
Not everyone has the privilege, as I do, to have wonderful colleagues who are trained lawyers from all over the world, as well as a library full of books and legal databases of many different jurisdictions at our disposal.[1]<\/a> Without access to the actual written statutes and printed court decisions of a foreign jurisdiction as well as to books and experts that can explain this foreign law to you, it can be a challenge to find information on the law of a jurisdiction that is not your own.<\/p>\n <\/p>\n Apart from physical access to the books and databases that contain statutes, case law, parliamentary documentation or specialist literature, there may also be other barriers to overcome. In particular, knowledge of the respective language can be an important aspect, but also a very basic understanding of the foreign law, without which it may be difficult to know where to actually start the research and how to proceed with it. Finally, there may also be a difference between the law in theory, as it is codified in acts and regulations, and the law in practice, as it is actually lived and applied.<\/p>\n <\/p>\n The present paper offers a number of ideas on where to start our search for information on foreign law. Such information on the law in practice or law in action, as it is also referred to, can in any event complete the picture, even if we already know the relevant statutes and case law. Notwithstanding, this paper is focussing in particular on the cases where there is limited access to written codes and case law and perhaps not even to academic textbooks or law journals. Are there any other resources available?<\/p>\n <\/p>\n To answer this question, we will look for inspiration within the law & literature-movement, more precisely in publications treating fictional law. And this is where the second purpose of this paper comes in. Many books and movies tell stories about foreign worlds and include storylines with sometimes more, sometimes less detailed descriptions of legal aspects. It is against this legal background that authors draft their fantasy, science fiction, mystery or other un-real narratives. But the authors not only draft the storyline \u2013 they also draft the law itself. Depending on the particular story, this law may be inspired by or loosely based on real, existing law or it may be invented from scratch or anything in between. There are websites,[2]<\/a> book chapters,[3]<\/a> discussions in online forums[4]<\/a> or even video-tutorials[5]<\/a> and templates[6]<\/a> on creating the legal aspects in a new world, seemingly written by people who are often not lawyers themselves. Interestingly, these guides to so-called \u2018legal world building\u2019 focus on the effects law can have on a certain society, especially on power structures as well as on whether people are afraid of, if not oppressed by, the law and legal institutions. Apart from the sources of law, the most important fields of law treated in these guides are constitutional law, i.e. state organisation, as well as criminal law and the justice system.[7]<\/a> While it is understandable that these are the issues that non-lawyers associate most with law and that are probably most important to authors of fantasy stories, it is surprising that, for example, matters of succession[8]<\/a> and family law are not mentioned. Marriage, childcare and death should be topics of interest in these kinds of narratives, but are, presumably, not considered as matters of law. However, the author may very well include information on succession and family law in their narrative without being aware of the fact that they are actually drafting a law. The narrative may for example include discussions on the minimum age of marriage or inheritance of goods, titles or rights. The same is true for aspects of contract law, personal freedoms or labour law, to name just a few.<\/p>\n <\/p>\n Even more than fictional literary works set in our real world with our real laws, the legal narratives in fantasy and science fiction stories are literally alien to us. We do not have access to the full statutory framework or entire body of case law and, often, do not even know whether these are supposed to exist in the world in question. All we have are the bits and pieces the author shares with us. This makes it difficult to identify fictional laws; at the same time, it also presents an interesting challenge, especially from a comparative lawyer\u2019s point of view. How do we find information on a law, if we do not have the relevant written sources at our disposal?<\/p>\n <\/p>\n In order to treat this question \u2013 and to fulfil this paper\u2019s third purpose \u2013 , this paper will take a closer look at the existing publications on the law in Harry Potter\u2019s Wizarding World. The seven Harry Potter books written by Joanne K. Rowling are, strictly speaking, set in the United Kingdom, but at the same time, hidden within the world of witches and wizards. The protagonists are human, and so we are able to identify with their behaviour, making it easier for us to contextualise the legal narratives we encounter throughout the story. As to these legal narratives, there is no shortage of them in the Harry Potter books. From the most visible legal plot lines about the different trials at the Wizengamot or the Unforgivable Curses to less explicit legal aspects such as custody or magical contracts, the series is rich with storylines linked to law. Covering over 3,700 pages[9]<\/a> and a time span of seven years of Harry\u2019s life, the story is both long enough to detail different legal plot lines and yet it is clearly laid out and self-contained, making it a rewarding topic for research on fictional law. Accordingly, the Harry Potter series seems to constitute by far the most popular topic for legal analyses of fictional law. Many papers and even entire books[10]<\/a> have been published on the law in Harry Potter, analysing many different legal aspects of the stories found within and sometimes comparing these to our real laws from past and present. The respective authors mostly do so with reference to the massive impact the Harry Potter series has had and still has on children, youths and adults as well as to the detailed and thought-out legal system Joanne K. Rowling created.<\/p>\n <\/p>\n The present paper is based on those of these many publications on the law in Harry Potter that I deemed useful for this paper\u2019s specific question[11]<\/a> on how exactly to identify fictional law and how to use these tools for accessing real foreign laws. Consequently, this paper will focus on the question of where and how the authors of these publications located the information they based their respective analyses on. We will therefore have a closer look at the sources, i.e. the text passages the different authors used to come to a certain conclusion about the law in the Wizarding World. As a second step, we will then apply our findings to our real world and our access to foreign law. Of the numerous indicators there are on how to identify the law in the Harry Potter-books, I created three groups: The first group regards references to experiencing law oneself by witnessing law or its application in person (see point 1.); the second group refers to second-hand information, i.e. information on legal aspects obtained through a third person (see point 2.); and the third group concerns information gained through the respective researcher\u2019s own interpretation and analysis (see point 3.).<\/p>\n <\/p>\n Our first group regards experiencing law. Within the context of law presented in a book, this means information on the legal aspects that the protagonist, together with the reader, gains through their own experience. We therefore have to ask where and when Harry Potter experiences law himself, by witnessing either law or its application in person.<\/p>\n <\/p>\n 1.1.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Written Law<\/p>\n The most important example of this would be that Harry reads a law that has been promulgated by the competent authority and which is therefore also presented to the reader word by word. Even though these are probably not formal laws in the narrower sense but rather administrative ordinances,[12]<\/a> a good example of this are the different orders and educational decrees enacted by the Ministry of Magic, signed either by Dolores Umbridge as High Inquisitor at Hogwarts[13]<\/a> or by Cornelius Fudge as Minister of Magic.[14]<\/a> These are publicly displayed at Hogwarts and every pupil, including Harry, can read the law themselves:<\/p>\n <\/p>\n \u201cBY ORDER OF THE HIGH INQUISITOR OF HOGWARTS<\/p>\n Teachers are hereby banned from giving students<\/p>\n any information that is not strictly related to the<\/p>\n subjects they are paid to teach.<\/p>\n <\/p>\n The above is in accordance with<\/p>\n Educational Decree Number Twenty-six.<\/p>\n <\/p>\n Signed:\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 [seal of the Ministry of Magic]<\/p>\n Dolores Jane Umbridge,<\/p>\n High Inquisitor\u201d[15]<\/a><\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n In our real world, this would of course be comparable to having access to the written law of the jurisdiction being considered. Given that such explicit and full quotations of a law or decree in a book will be the exception rather than the rule, the premise of our analysis is to exclude this scenario. However, it is at least worthy of mention, precisely as it is rare to find such a striking presentation of a law in a book.<\/p>\n <\/p>\n 1.2.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Legal Proceedings in Court<\/p>\n One important way of learning of and about law is to attend court proceedings.<\/p>\n <\/p>\n Harry finds himself facing the Wizengamot, the Wizarding World\u2019s highest court, accused of using underage magic and of using magic in front of a Muggle[16]<\/a>.[17]<\/a> During this scene, we learn many different things about the law in the Wizarding World.[18]<\/a> From particular criminal offences[19]<\/a> and the right to self-defence[20]<\/a> to the different actors[21]<\/a> and competences[22]<\/a> in a criminal trial, laws are being cited, discussed and applied.<\/p>\n <\/p>\n Another noteworthy occasion when Harry, together with the reader, learns about court proceedings is when he witnesses[23]<\/a> criminal hearings involving the three alleged Death Eaters[24]<\/a> Igor Karkaroff, Ludo Bagman and Barty Crouch, Jr. Again, we learn about certain aspects of criminal proceedings, namely about the possibility for a reduction in sentence by giving the court valuable information on other perpetrators[25]<\/a> and that it is a jury who decides whether the accused is to be found guilty or not.[26]<\/a><\/p>\n <\/p>\n Having the opportunity to attend legal proceedings is obviously one of the best ways to learn about a foreign law and its application, apart from consulting the written laws and case laws. Many proceedings will be public, allowing one to attend and listen. In most cases this may mean being physically present on site in order to attend the proceedings themselves. However, more and more senior and appeal courts provide for the live broadcast of their hearings.[27]<\/a> Witnessing even foreign trials live on a screen is something that may be done from the comfort of one\u2019s own home.<\/p>\n <\/p>\n Of course, this will only provide a very narrow insight, as we will only hear about the aspects relevant to that particular case. Interestingly, at the same time, witnessing trials first-hand may also allow us to observe important details about the respective judiciary we would probably not have noticed by just reading the published decision. Three examples can be found in the narratives around the mentioned court proceedings which Harry experiences. The first example takes place just minutes before the hearing against Harry himself begins:<\/p>\n <\/p>\n \u201c[\u2026] I\u2019ve just sent an owl to your home but you\u2019ve obviously missed it \u2013 an urgent message came in ten minutes ago \u2013\u2018<\/p>\n [\u2026]<\/p>\n \u2018[\u2026] it\u2019s the Potter boy\u2019s hearing \u2013 they\u2019ve changed the time and venue \u2013 it starts at eight o\u2019clock now and it\u2019s down in old Courtroom Ten \u2013\u2018<\/p>\n Mr Weasley looked at his watch, let out a yelp and leapt from his chair.<\/p>\n \u2018Quick, Harry, we should have been there five minutes ago!\u2019<\/p>\n [\u2026]<\/p>\n \u2018[\u2026] thank goodness we got here so early, if you\u2019d missed it, it would have been catastrophic!\u2019\u201d[28]<\/a><\/p>\n <\/p>\n The second example is part of the hearing against Ludo Bagman:<\/p>\n <\/p>\n \u201c\u2019It will be put to the vote,\u2019 said Mr Crouch coldly. He turned to the right-hand side of the dungeon. \u2018The jury will please raise their hands \u2026 those in favour of imprisonment \u2026\u2019<\/p>\n Harry looked towards the right-hand side of the dungeon. Not one person raised their hand. Many of the witches and wizards around the walls began to clap. One of the witches on the jury stood up.<\/p>\n \u2018Yes?\u2019 barked Crouch.<\/p>\n \u2018We\u2019d just like to congratulate Mr Bagman on his splendid performance for England in the Quidditch match against Turkey last Saturday,\u2019 the witch said breathlessly.\u201d[29]<\/a><\/p>\n <\/p>\n And, finally, the third example regards the hearing against Barty Crouch, Jr.:<\/p>\n <\/p>\n \u201c\u2019Take them away!\u2019 Crouch roared at the Dementors, spit flying from his mouth. \u2018Take them away, and may they rot there!\u2019<\/p>\n \u2018Father! Father, I wasn\u2019t involved! No! No! Father, please!\u2019\u201d[30]<\/a><\/p>\n <\/p>\n At least two, and possibly all three of these examples show different aspects of what we would consider an unfair trial: The time and venue of Harry\u2019s hearing has been changed at the very last minute, presumably in the hopes of having him miss it, with \u201ccatastrophic\u201d consequences for him. Ludo Bagman has been acquitted by the jury because the members of the jury were blinded by Bagman\u2019s popularity as a famous Quidditch[31]<\/a> player. And Barty Crouch, Jr. was tried by his own father. These are aspects that could render the respective court decisions invalid in a fair trial, and at the same time they are aspects that would go unnoticed when merely reading the published decision. Even the fact that Barty Crouch, Jr. was tried by Barty Crouch, Sr. may not be evident in a published decision; depending on the rules of the respective jurisdiction, the names of the accused and\/or the judge may not be fully set out in the decision, making their relation less obvious. So even if we only gain a quite narrow insight into the legal system of a jurisdiction by witnessing a single hearing, this experience can offer a deeper insight than that provided by reading the decision in a database.<\/p>\n <\/p>\n 1.3.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Authorities and Departments<\/p>\n Another instructive way to obtain information on a legal system is to have a closer look at the Ministries and other authorities of respective jurisdictions.<\/p>\n <\/p>\n During his visits to the Ministry of Magic, Harry uses the lift and a voice in the lift announces the different levels and departments which can be found there,[32]<\/a> for example:<\/p>\n <\/p>\n \u201c\u2019Level Six: Department of Magical Transportation, incorporating the Floo Network Authority, Broom Regulatory Control, Portkey Office and Apparition Test Centre.\u2019\u201d[33]<\/a><\/p>\n <\/p>\n The indications we receive for every level are quite detailed and grant some insight into the Ministry\u2019s functioning.[34]<\/a><\/p>\n <\/p>\n Likewise in our real world, it can prove very useful to search the website of the competent authorities when looking for legal information on a specific topic. This is the case both for authorities at the local and at the national level, namely ministries. The websites will often contain a general introduction to the respective topic and brochures or other documentation written in a comprehensive way. It may happen that the information given on a website does not include concrete legal references, so that only the content of a legal issue is provided, but not where to find the law regulating it. At the same time, we can sometimes find a collection of pertinent laws and regulations as well as recent documentation relating to an ongoing legislative process. If the jurisdiction in question is very different to our own, the organisational structure of the different authorities and institutions can also represent helpful information. A particular advantage with this research approach is that the information can be accessed remotely and does not require being physically present to obtain answers to questions.<\/p>\n <\/p>\n 1.4.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Formal Requirements<\/p>\n As to formal and other procedural requirements, these may become evident from official documents:<\/p>\n <\/p>\n \u201c\u2019Dreadful<\/em> thing, Dumbledore,\u2019 said Mr Malfoy lazily, taking out a long roll of parchment, \u2018but the governors feel it\u2019s time for you to step aside. This is an Order of Suspension \u2013 you\u2019ll find all twelve signatures on it. [\u2026]\u2019\u201d[35]<\/a><\/p>\n <\/p>\n We know that the document bears 12 signatures on it, but we can only assume that it is also titled \u201cOrder of Suspension\u201d and that either in words or by conclusion from the names listed, it will become clear that it is the \u201cgovernors\u201d who signed the order. With such a document to hand, we can deduce that it is the governors who are competent for suspending the Headmaster of Hogwarts and that there are 12 of them.[36]<\/a> This already gives us some information on formal requirements for Orders of Suspension in the Wizarding World.<\/p>\n <\/p>\n However, we cannot be sure whether all 12 signatures are necessary. Lucius Malfoy\u2019s comment indicates that 12 signatures are the maximum, but we cannot be sure whether fewer signatures would have been sufficient. Moreover, his utterance is necessary for us to infer this information, as simply looking at the document itself would, presumably, not have given us the answer. It becomes clear throughout the book series that it is not the rule of law which prevails in the Wizarding World. Instead, the law of man prevails, meaning arbitrary decisions taken by the respective ruler according to their likes or dislikes, opinions, or moods.[37]<\/a> Therefore, we also have to bear in mind the possibility that not all signatures were recorded voluntarily, as Hagrid reminds us:<\/p>\n <\/p>\n \u201c\u2019An\u2019 how many did yeh have ter threaten an\u2019 blackmail before they agreed, Malfoy, eh?\u2019 he roared.\u201d[38]<\/a><\/p>\n <\/p>\n If, when working with a foreign law, we have access to certain documents of legal value, we may rely on them to obtain certain information on the applicable procedural and formal requirements. This being said, which information we can deduce depends mainly on how the document in question is formulated exactly and, on a darker note, to what extent we can trust the administrative process leading to the formulation of that document.<\/p>\n <\/p>\n Our next group regards second-hand information. For the purpose of the present paper, this means information on legal topics that the protagonist obtains through third parties. As Harry has not heard of the Wizarding World before his 11th<\/sup> birthday, he has to learn how this alien society works and which rules exist.<\/p>\n <\/p>\n 2.1.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Explanations by Others<\/p>\n The most obvious way in which Harry discovers the different rules of the Wizarding World is through other persons explaining them to him. Harry lost his parents when he was still a baby, and his Muggle aunt and uncle left him in the dark about his magical heritage. As a consequence, Harry learns primarily from his classmates and teachers, but also from other wizards and magical creatures about the laws and regulations applicable to the respective situations or topics. The house-elf Dobby, for example, explains to Harry the rights that house-elves have or rather have not:<\/p>\n <\/p>\n \u201c\u2019Why d\u2019you wear that thing, Dobby?\u2019 he asked curiously.<\/p>\n \u2018This, sir?\u2019 said Dobby, plucking at the pillowcase. \u2018\u2019Tis a mark of the house-elf\u2019s enslavement, sir. Dobby[39]<\/a> can only be freed if his masters present him with clothes, sir. The family is careful not to pass Dobby even a sock, sir, for then he would be free to leave their house for ever.\u2019\u201d[40]<\/a><\/p>\n <\/p>\n This is, of course, the most natural way to learn, much like the way in which children learn from their parents as to what behaviour is or is not acceptable. Still, one has to bear in mind that the information does not come directly from a primary source but goes through a filter. Hagrid, for example, draws a very negative image of both the Ministry and the Minister of Magic:<\/p>\n <\/p>\n \u201c\u2019Ministry o\u2019 Magic messin\u2019 things up as usual,\u2019 Hagrid muttered, turning the page.<\/p>\n \u2018There\u2019s a Ministry of Magic?\u2019 Harry asked, before he could stop himself.<\/p>\n \u2018\u2019Course,\u2019 said Hagrid. \u2018They wanted Dumbledore fer Minister, o\u2019 course, but he\u2019d never leave Hogwarts, so old Cornelius Fudge got the job. Bungler if ever there was one. So he pelts Dumbledore with owls every morning, askin\u2019 fer advice.\u2019\u201d[41]<\/a><\/p>\n <\/p>\n Umbridge, on the other hand, clearly has a quite distinct view of the Ministry of Magic and its staff:<\/p>\n <\/p>\n \u201c\u2019Surely, the whole point of Defence against the Dark Arts is to practice defensive spells?\u2019<\/p>\n \u2018Are you a Ministry-trained educational expert, Miss Granger?\u2019 asked Professor Umbridge, in her falsely sweet voice.<\/p>\n \u2018No, but \u2013\u2018<\/p>\n \u2018Well then, I\u2019m afraid you are not qualified to decide what the \u201cwhole point\u201d of any class is. Wizards much older and cleverer than you have devised our new programme of study. You will be learning about defensive spells in a secure, risk-free way \u2013\u2018\u201d[42]<\/a><\/p>\n <\/p>\n The reader knows of course that Hagrid is probably the most lovable character in the whole book series and that Umbridge will show herself as particularly mean and an advocate of torturing pupils as a disciplinary measure.[43]<\/a> But the principle remains the same, namely that the information Harry receives first passes through a filter and has been re-interpreted. Even though Hagrid may be very kind-hearted, he influences Harry from his very first day in the Wizarding World.<\/p>\n <\/p>\n This being said, it is unavoidable and not necessarily a bad thing to be influenced by someone else and to receive biased information through them. It is however important to be aware of this filter and to run any second-hand information through our own filter: Who told us this? Is this person trustworthy? How could this person have obtained the information in question?<\/p>\n <\/p>\n The same questions are to be asked when referring to other people for information on a foreign law. This could for example be legal practitioners or researchers or public employees from the relevant jurisdiction. If we do not already know someone ourselves, we may ask a person we trust whether they know someone we could contact. Otherwise, we can search the internet for lawyers specialised in a certain field and contact them directly.<\/p>\n <\/p>\n Often enough, one can now also find articles on legal developments on the websites of law firms or in blogs by individual lawyers. As lawyers use these to show that they are well-informed on recent developments, legal blogs are normally kept up to date and explain the relevant information in a comprehensive way. As already noted with regard to authorities,[44]<\/a> it is unfortunately quite common for the source of this information not to be cited. It can therefore be difficult to find the legal basis for the content oneself.<\/p>\n <\/p>\n Lawyers trained and working in the country we are interested in can be a very valuable source of information on the law. Still, we have to be aware of receiving re-interpreted information. As a consequence, one must ask oneself and, most importantly, the person providing the information, whether there may be a conflict of interest; moreover, they should be asked to provide the sources for the information in question.<\/p>\n <\/p>\n 2.2.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Media Coverage<\/p>\n The media as a source of information plays a recurring role in the Harry Potter books. However, the Daily Prophet, as the Wizarding World\u2019s most important newspaper, and Rita Skeeter, as one of their journalists, leave a bad impression of the press: The Daily Prophet is under the control of the Ministry of Magic and Rita Skeeter follows the ruthless ways of tabloid-reporting.[45]<\/a> Yet, the Daily Prophet remains a crucial source of information for any political and legal matters:<\/p>\n <\/p>\n \u201cHermione read aloud:<\/p>\n \u2018In a surprise move last night the Ministry of Magic passed new legislation giving itself an unprecedented level of control at Hogwarts School of Witchcraft and Wizardry.<\/p>\n [\u2026]<\/p>\n This is not the first time in recent weeks that the Minister, Cornelius Fudge, has used new laws to effect improvements at the wizarding school. As recently as 30th<\/sup> August, Educational Decree Number Twenty-two was passed, to ensure that, in the event of the current Headmaster being unable to provide a candidate for a teaching post, the Ministry should select an appropriate person.<\/p>\n [\u2026]\u2019\u201d[46]<\/a><\/p>\n <\/p>\n Harry and his friends also later consult independent media in order to obtain information that has not been censored by the Ministry of Magic. This concerns, in particular, the password protected pirate radio programme Potterwatch, which, inter alia,<\/p>\n <\/p>\n \u201c\u2019[\u2026] take[s] a moment to report those deaths that the Wizarding Wireless Network News and the Daily Prophet don\u2019t think important enough to mention. [\u2026]\u2019\u201d[47]<\/a><\/p>\n <\/p>\n In times like ours, fake news is a fact we cannot ignore.[48]<\/a> Still, media coverage remains the Fourth Estate, essential to informing the public about recent events including legal aspects. Consequently, fact checking must be standard procedure before relying on media. Are there any other sources for the same information? Did civil society or other media already carry out a fact check on this news? Other issues of the same newspaper can be examined in order to assess whether their articles give a balanced view and whether they show independence from the state. In any event, it is of course essential for sources to always be cited and, where there is doubt, for a note to be added qualifying that it was not possible to verify the information.<\/p>\n <\/p>\n <\/p>\n <\/p>\n 2.3.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Civil Society<\/p>\n Finally, civil society can prove to be a valuable source of reliable information. In the Harry Potter books, we can observe this with Hermione\u2019s \u201cSociety for the Promotion of Elfish Welfare (S.P.E.W.)\u201d. With the aim of gaining new members for her society, of informing her fellow wizards and witches about the social and legal situation house-elves find themselves in and of changing this situation for the better, she collects the relevant information and disseminates it:<\/p>\n <\/p>\n \u201c\u2019It\u2019s in their nature ter look after humans, that\u2019s what they like, see? Yeh\u2019d be makin\u2019 \u2018em unhappy ter take away their work, an\u2019 insultin\u2019 \u2018em if yeh tried ter pay \u2018em.\u2019<\/p>\n \u2019But Harry set Dobby free, and he was over the moon about it!\u2019 said Hermione. \u2018And<\/em> we heard he\u2019s asking for wages now!\u2019\u201d[49]<\/a><\/p>\n <\/p>\n This is especially important when it is otherwise difficult to find information on a critical topic on one\u2019s own, as Hermione demonstrates:<\/p>\n <\/p>\n \u201cShe noticed them all looking at her and said, with her usual air of impatience that nobody else had read all the books she had, \u2018It\u2019s all in Hogwarts: A History<\/em>. Though, of course, that book\u2019s not entirely<\/em> reliable. \u201cA Revised<\/em> History of Hogwarts\u201d would be a more accurate title. Or \u201cA Highly Biased and Selective<\/em> History of Hogwarts, Which Glosses Over the Nastier Aspects of the School\u201d.\u2019<\/p>\n \u2018What are you on about?\u2019 said Ron, though Harry thought he knew what was coming.<\/p>\n \u2018House-elves<\/em>!\u2019 said Hermione loudly and proving Harry right. \u2018Not once, in over a thousand pages, does Hogwarts: A History<\/em> mention that we are all colluding in the oppression of a hundred slaves!\u2019\u201d[50]<\/a><\/p>\n <\/p>\n Depending on the topic and on the respective mission of the non-governmental organisation (NGO), one can find helpful information on their website or by contacting them. The legal information available may range for example from links to laws and regulations relevant to the issue to compilations of national or international case law to background information and possible contacts to experts. Of course, just as with private persons[51]<\/a> and the press[52]<\/a>, a fact check is necessary, especially with regard to the NGO\u2019s mission and views. While NGOs play a vital role in society by channelling non-governmental political and societal interests, there may also be extremist groups among them. One\u2019s own filter will therefore always have to be applied to potentially reinterpreted information.<\/p>\n <\/p>\n Our third and last group concerns information obtained through the reader\u2019s own analysis and interpretation of the story. For this, we will focus on conclusions on legal aspects which the reader can draw themselves, but for which they have to look beyond the written word of the book and may even have to question the story they are being told.<\/p>\n <\/p>\n 3.1.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Gaps<\/p>\n One indirect way to find information on a foreign law is to search for gaps, in other words aspects of a legal system that do not seem to have been provided for. An example of such a gap can be found in the very first chapter of the book series, when Albus Dumbledore leaves the one-year-old Harry Potter at his aunt and uncle\u2019s doorstep: \u201c\u2018It\u2019s the best place for him,\u2019 said Dumbledore firmly. \u2018[\u2026] I\u2019ve written them a letter.\u2019\u201d[53]<\/a> While analysing this scene as well as Harry\u2019s years at his aunt and uncle\u2019s home, Danaya Wright notes that:<\/p>\n <\/p>\n \u201cthe Muggle world of Harry Potter has rigid procedures for the placement and adoption of orphans. Although the law might presume that placement with blood relatives would be in the best interests of an orphaned infant, there would be home visits, trips to the judge, and reams of paperwork before Harry would spend his first night with the Dursleys in Muggle England today. But in Rowling’s world, a single wizard, Professor Albus Dumbledore, even without the imprimatur of the Ministry of Magic, and before most people even knew of the Potters’ deaths, makes a unilateral decision that Harry should be taken to his aunt and uncle [\u2026]. That decision, moreover, is not transmitted through a court document [\u2026].\u201d[54]<\/a><\/p>\n <\/p>\n Instead of simply considering the information the reader has been given, Wright takes a step back by consulting real English laws and analysing the facts according to the laws of a jurisdiction she has more information on than those of the Wizarding World. Through this practical use of comparative law, she is able to determine what is missing in the world of Harry Potter.<\/p>\n <\/p>\n However, the gaps can be particularly wide, making it more difficult to realise that an aspect of a legal framework is missing. A good example of this is that the above-mentioned[55]<\/a> Rita Skeeter and Daily Prophet newspaper regularly publish false and even harassing articles on Harry Potter and others.[56]<\/a> Yet, there is no indication in the entire book series that anyone has ever tried to obtain compensation in relation to these harmful articles. The same is true for all kinds of harm and damages suffered by characters throughout the story which appear to have no tort law consequences.[57]<\/a> Through this observation, we may conclude, with caution, that the Wizarding World does not have any rules on tort law. According to Kenneth Schneyer, such a conclusion was consistent with what we knew about Harry\u2019s world, which was,<\/p>\n <\/p>\n \u201cnot a system designed to help individuals \u2013 or rather, it is not designed to help any individuals who are not able to manipulate the strings of power and influence. Tort law, which gives the wronged a way to hold those who wrong them accountable, has no place here.\u201d[58]<\/a><\/p>\n <\/p>\n When legal research on a new topic does not yield any results, it can be difficult to determine whether that topic is simply not regulated or whether we have applied the wrong search terms. In this situation, it can, again, be helpful to resort to comparative law by consulting comparative law publications. Even if such publications do not contain a chapter on the jurisdiction in question, information may be found on that jurisdiction where reference is made to it as part of a wider overview of other jurisdictions. Such an exercise can therefore help to confirm whether there is nothing to be found in that jurisdiction or whether the researcher has simply looked in the wrong places. Often, a certain topic may be regulated under a different area of law to that which we are used to or it may not be regulated at all; comparative law publications might reveal this more clearly than, for example, a general textbook on the jurisdiction in question. If the publication we have access to does not contain any information on the jurisdiction we are interested in, the information on the other jurisdictions may nevertheless provide some ideas in which areas of law to continue our research or which keywords to use.<\/p>\n <\/p>\n This being said, the gaps do not have to be that blatant and more information than we thought at first glance can be inferred from context or through a process of deduction:<\/p>\n <\/p>\n \u201c\u2019There are house-elves here<\/em>?\u2019 she said, staring, horror-struck, at Nearly Headless Nick. \u2018Here at Hogwarts<\/em>?\u2019<\/p>\n \u2018Certainly,\u2019 said Nearly Headless Nick, looking surprised at her reaction. \u2018The largest number in any dwelling in Britain, I believe. Over a hundred.\u2019<\/p>\n \u2018I\u2019ve never seen one!\u2019 said Hermione.<\/p>\n \u2018Well, they hardly ever leave the kitchen by day, do they?\u2019 said Nearly Headless Nick. \u2018They come out at night to do a bit of cleaning \u2026 see to the fires and so on \u2026 I mean, you\u2019re not supposed to see them, are you? That\u2019s the mark of a good house-elf, isn\u2019t it, that you don\u2019t know it\u2019s there?\u2019<\/p>\n Hermione stared at him.<\/p>\n \u2018But they get paid<\/em>?\u2019 she said. \u2018They get holidays<\/em>, don\u2019t they? And \u2013 and sick leave, and pensions and everything?\u2019\u201d[59]<\/a><\/p>\n <\/p>\n In this abstract, we not only learn about the situation of house-elves, but we can also deduce from what Hermione says what kinds of working conditions apply to humans. Apparently, it is standard for humans to get paid for work as well as to have a right to holidays and to sick leave. There would seem to be a social security system granting humans pension rights and other benefits. In our real world, we could for example look for news concerning cases of discrimination or legal claims and strikes as well as other ways in which people claim their legal rights. What right or benefit are they fighting for or against? Does any other group already enjoy this right?<\/p>\n <\/p>\n And on yet another level we can also deduce what legal possibilities there are to protest. Which groups have a right to strike? What can people achieve through a legal claim? The lack of certain rights can be quite telling, either in itself or it can at least lead you in a certain direction to ask pertinent questions:<\/p>\n <\/p>\n \u201cSlavery, as we understand it, relates solely to the enslavement of human beings by other human beings. Fantasy fiction permits a fuzzing that we do not have in the real world \u2013 or that at least most people do not perceive. In Rowling\u2019s fictional world, are we to treat wizards and elves as equals? Are they different species?\u201d[60]<\/a><\/p>\n <\/p>\n 3.2.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Contradictions<\/p>\n The law of the Wizarding World contains several contradictions.[61]<\/a> One example for this is the so-called Unforgivable Curses, which are a set of three magic spells: the Cruciatus Curse causes insufferable pain; the Imperius Curse gives total control over the victim\u2019s will; and the curse Avada Kedavra kills. Using any of these curses against a human being is punishable by life imprisonment in the merciless prison that is Azkaban.[62]<\/a><\/p>\n <\/p>\n It seems perfectly acceptable to define these three curses as the Wizarding World\u2019s capital offences. However, a more in-depth analysis by Aaron Schwabach shows notable contradictions in the legal setting. First, he considers it \u201csurprising, even disturbing, that one more spell is not Unforgivable: The innocuous-sounding Memory Charm.\u201d[63]<\/a> Second, there are inconsistencies concerning the implementation of the punishment for using an Unforgivable Curse, as Schwabach has to conclude that \u201cnot all killings are murder, and the wizarding world apparently acknowledges the legality of some killings\u201d, especially with regard to Aurors, the Ministry of Magic\u2019s law enforcement officials:[64]<\/a><\/p>\n <\/p>\n \u201c\u2019[\u2026] I\u2019ll say this for Moody, though, he never killed if he could help it. Always brought people in alive where possible. He was tough, but he never descended to the level of the Death Eaters. Crouch, though \u2026 he\u2019s a different matter \u2026 [\u2026]\u2019\u201d[65]<\/a><\/p>\n <\/p>\n In his analysis, Schwabach considers many[66]<\/a> references to incidents where the different curses have been used and compares them with one another. To do so, he identifies who used the respective curse in which situation and with which consequence, and interprets the storylines according to mere logic. He also includes references to other ways to achieve the same result. For example, he examines other ways of killing someone apart from using the curse Avada Kedavra and contrasts these alternative ways of killing with the Unforgivable Curses. Interestingly, he even goes further by referring to other fictional settings, for example by comparing the use of Memory Charms by \u201cthe good guys\u201d in other science fiction works such as Men in Black or Star Wars to determine whether Memory Charms should be considered a capital offence or not.[67]<\/a><\/p>\n <\/p>\n Such contradictions can prove to be an important red flag. They can be an indicator that a divergence exists between the law in theory and the law in action. In order to detect the law in action, the already discussed[68]<\/a> secondary legal resources and the implementation of the law are essential. In addition to that, a look at other disciplines can shed light on the law in practice. Research and information in the different \u201cLaw and\u201d-areas[69]<\/a> such as law and the economy, history, sociology, anthropology, psychology, religion, geography or any other area may give valuable input on how the law in action differs from the law on paper and on possible reasons for this.<\/p>\n <\/p>\n 3.3. \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Parallels<\/p>\n Finally, a third way to identify fictional law through your own analysis is to search for patterns and parallels. A particular magical contract in the Wizarding World is the so-called Unbreakable Vow that Severus Snape makes towards Narcissa Malfoy, in the presence of her sister Bellatrix Lestrange:<\/p>\n <\/p>\n \u201c\u2019Certainly, Narcissa, I shall make the Unbreakable Vow\u2019, he said quietly. \u2018Perhaps your sister will consent to be our Bonder.\u2019<\/p>\n [\u2026] [Bellatrix] stepped forwards so that she stood over them, and placed the tip of her wand on their linked hands.<\/p>\n [\u2026] \u2018Will you, Severus, watch over my son Draco as he attempts to fulfil the Dark Lord\u2019s wished?\u2019<\/p>\n \u2018I will,\u2019 said Snape.<\/p>\n A thin tongue of brilliant flame issued from the wand and wound its way around their hands like a red-hot wire.<\/p>\n \u2018And will you, to the best of your ability, protect him from harm?\u2019<\/p>\n \u2018I will,\u2019 said Snape.<\/p>\n A second tongue of flame shot from the wand and interlinked with the first, making a fine, glowing chain.<\/p>\n \u2018And, should it prove necessary \u2026 if it seems Draco will fail \u2026\u2019 [\u2026] \u2018will you carry out the deed that the Dark Lord has ordered Draco to perform?\u2019<\/p>\n [\u2026] \u2018I will,\u2019 said Snape.<\/p>\n Bellatrix astounded face glowed red in the blaze of a third tongue of flame, which shot from the wand, twisted with the others and bound itself thickly around their clasped hands, like a rope, like a fiery snake.\u201d[70]<\/a><\/p>\n <\/p>\n Marco Mazzocca analyses the different aspects of this magical contract, with a view to its legal, as well as its magical, components. As this is described in detail in the book, Mazzocca focuses particularly on the necessary form for making an Unbreakable Vow. Despite the seemingly alien way the Unbreakable Vow is made, he finds astonishing parallels to the ancient Roman law notion of the so-called sponsio<\/em>. He compares these two ways of forming a specific contract and highlights their similarities as well as their differences; he even identifies a \u201cmagical act\u201d within Roman law.[71]<\/a><\/p>\n <\/p>\n What did Mazzocca do? He did not let himself be blinded by the magical special effects but concentrated on the facts: The parties involved and their respective roles, the words spoken, the binding result. To better characterise the nature of the Unbreakable Vow, he searched for a comparable legal instrument, which he found in ancient Roman law. Juxtaposing these two particular contracts made it possible to deduce a pattern, namely the relationship between law and magic on the one hand and Roman legal and religious acts on the other. And there we are again, using comparative law to have a better understanding of the law.<\/p>\n <\/p>\n An analysis of even these few examples of fictional law in the Harry Potter books allowed us to develop a range of tools for accessing foreign law beyond reading the written statutes.<\/p>\n <\/p>\n First, there are the primary sources of applied law, such as the witnessing of court trials, the use of foreign authorities\u2019 official websites as a source of information or deducing what formal requirements may exist from legal documents. These tools have the advantage that the information on the actual law in force which can be obtained through them is the most reliable when compared to the other tools we identified here.<\/p>\n <\/p>\n Second, we have a group of tools that may be characterised as second-hand information, as the information is accessed through another person and may therefore be re-interpreted. Explanations by others, media coverage as well as information made available by civil society are secondary sources about law and its application, and these give valuable information on the law in action. At the same time, these sources bear the constant risk of being biased. We will always need to question both the content and the source itself and to apply our own filter for excluding fake news, undue influences or conflicts of interest.<\/p>\n <\/p>\n Third, we can learn from researchers\u2019 own analyses of a storyline, as they use inferences, interdisciplinary research, analyses of the context as well as legal comparisons. These tools grant the least reliable information on the actual wording of the law in force, as the researchers\u2019 conclusions will mostly be assumptions. However, this approach can reveal both inconsistencies and new points of view. Gaps, contradictions and parallels in legal frameworks can serve as important red flags, indicating that more research is necessary on a certain topic, either because essential information is missing or because the law in action differs from the law in writing. It can also serve as a tool to better understand the underlying reasons of a certain rule or lack thereof as well as of its function.<\/p>\n <\/p>\n As can be seen, the reliability of the information on the law in force is actually decreasing from the first to the third group. Conversely, the amount of information obtained on the living law in action increases between the first and the third group, as does the necessary effort the researcher has to make in order to obtain the information in question. We do not, however, need magic to learn about a foreign law without having its codified rules at hand. As shown, we have many different tools at our disposal for obtaining information and for providing us with new points of view and new insights. As Mazzocca concludes:<\/p>\n <\/p>\n \u201cNevertheless, studying such a fictional enchantment\/institution allows us to examine legal obligations from an often-ignored perspective, one that makes it possible to clearly distinguish the boundaries between magic and law: the perspective of law in literature.\u201d[72]<\/a><\/p>\n <\/p>\n <\/p>\n <\/p>\n Johanna Fournier is Legal Adviser, Swiss Institute of Comparative Law.<\/p>\n All photographs from https:\/\/kids.scholastic.com\/content\/kids64\/en\/books\/harry-potter\/books.html#hp1 [–Ed.]<\/p>\n [1]<\/a> \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 The library of the Swiss Institute of Comparative Law is open to anyone who might be interested in the law of a certain jurisdiction, in comparative law or in private international law, www.isdc.ch<\/a>.<\/p>\n [2]<\/a> \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 See for example Morten Poulsen, Fantasy Worldbuilding: Law<\/em>, Zumbs\u2019 Blog (Apr. 28, 2014), https:\/\/zumbs.wordpress.com\/2014\/04\/28\/fantasy-worldbuilding-law\/<\/a>.<\/p>\n [3]<\/a> \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 See for example Randy Ellefson, Cultures and Beyond (The Art of World Building, Band 3) Chapter 10 (2020).<\/p>\n [4]<\/a> \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 See for example the thread What questions should I ask myself when designing a legal system for a fantasy world?<\/em>, Worldbuilding Stack Exchange (Feb. 14, 2018), https:\/\/worldbuilding.stackexchange.com\/questions\/104911\/what-questions-should-i-ask-myself-when-designing-a-legal-system-for-a-fantasy-w<\/a>.<\/p>\n [5]<\/a> \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 See for example Marie M. Mullany, World Building: Design a legal framework for fantasy societies<\/em>, Just In Time Worlds (May 10, 2022), https:\/\/www.youtube.com\/watch?v=fLSBzEu6cuY<\/a>.<\/p>\n [6]<\/a> \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 See for example TableTopVision, Fantasy Worldbuilding Template for Government and Law<\/em>, Etsy, https:\/\/www.etsy.com\/ch\/listing\/1475109849\/fantasy-worldbuilding-template-fur?click_key=0e0e8ce968d19539a4dd6f7797f3b96c4ce06c54%3A1475109849&click_sum=75ff8ada&ref=shop_home_recs_1<\/a>.<\/p>\n [7]<\/a> \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Another recurring subject in discussions on world building are laws about magic, as this may be an integral part of the story, but difficult to find examples for in real life; see for example the thread The Laws Governing Magic<\/em>, reddit (Oct. 5, 2021), https:\/\/www.reddit.com\/r\/worldbuilding\/comments\/q21uev\/the_laws_governing_magic\/<\/a>.<\/p>\n [8]<\/a> \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 However, Jon M. Garon does mention the notion of inheritance and primogeniture in this context in his book on Pop Culture Business: Handbook for Cons and Festivals Chapter 18 (2017), https:\/\/www.researchgate.net\/publication\/319629140_Crafting_a_Legal_System_in_a_Fictional_Work<\/a>.<\/p>\n [9]<\/a> \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 The Harry Potter series, London et al<\/em>., edition published in 2018.<\/p>\n [10]<\/a> \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Jeffrey E. Thomas & Franklin G. Snyder, The Law and Harry Potter (2010); Val\u00e8re Ndior & Nicolas Rousseau, Le droit dans la saga Harry Potter (2019); Karen Morris & Bradley S. Carroll, Law made fun through Harry Potter\u2019s adventures (2011); Jannina Sch\u00e4ffer, Harry Potter und die Gesetze der Macht (2024). The latter having been published only very recently, it has not been further included in this paper.<\/p>\n [11]<\/a> \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 For publications going beyond the scope of the present paper see for example Randy Lee, Fred Zacharias and a Lawyer\u2019s Attempt to Be Guided by Justice: Flying with Harry Potter and Understanding How Lawyers Can Prosecute People They Represent<\/em>, 48 San Diego L. Rev. 233 (2011); James Charles Smith, II. Family Life and Moral Character<\/em>, 12 Tex. Wesleyan L. Rev. 431 (2005); Timothy S. Hall, IX. Magic and Contract: The Role of Intent<\/em>, 12 Tex. Wesleyan L. Rev. 464 (2005); Andrew P. Morriss, XI. Making Legal Space for Moral Choice<\/em>, 12 Tex. Wesleyan L. Rev. 473 (2005); Timothy S. Hall, XII. Harry Potter and Dick Whittington: Similarities and Divergences<\/em>, 12 Tex. Wesleyan L. Rev. 480 (2005); Darby Dickerson, Professor Dumbledore\u2019s Advice for Law Deans<\/em>, 39 U. Tol. L. Rev. 269 (2008); Nancy J. White, Harry Potter and the Business Law Classroom<\/em>, 19 JHETP 19 (2019); Scott Hershovitz, Harry Potter and the Trouble with Tort Theory<\/em>, 63 Stan. L. Rev. 67 (2010); Luis Gomez Romero, Harry Potter v. Legalism or, the Republican Magic of Legal Pluralism<\/em>, 32 Rev. Derecho del Estado 177 (2014); Christina Krandick, Mediation between Vernon & Petunia Dursley and Harry Potter<\/em>, 6 Am. J. Mediation 85 (2012); Val\u00e8re Ndior & Nicolas Rousseau, Le droit dans la saga Harry Potter (2019).<\/p>\n [12]<\/a> \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Kenneth Schneyer, No Place to Stand: The Incoherent Legal World of J.K. Rowling<\/em>, Johnson & Wales University ScholarsArchive@JWU 5 (2008), https:\/\/scholarsarchive.jwu.edu\/cgi\/viewcontent.cgi?article=1027&context=humanities_fac<\/a>.<\/p>\n [13]<\/a> \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Joanne K. Rowling, Harry Potter & the Order of the Phoenix, chapter 17, 325-326 (2018); id<\/em>., chapter 25, 509; id<\/em>., chapter 26, 537 (Educational Decrees Numbers Twenty-four, Twenty-six, Twenty-seven).<\/p>\n [14]<\/a> \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Joanne K. Rowling, Harry Potter & the Order of the Phoenix, chapter 28, 576 (2018) (Educational Decree Number Twenty-eight).<\/p>\n [15]<\/a> \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Joanne K. Rowling, Harry Potter & the Order of the Phoenix, chapter 25, 509 (2018).<\/p>\n [16]<\/a> \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 \u201cMuggles (not a drop of magical blood in their veins)\u201d, Joanne K. Rowling, Harry Potter & the Chamber of Secrets, chapter 1, 4 (2018).<\/p>\n [17]<\/a> \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Joanne K. Rowling, Harry Potter & the Order of the Phoenix, chapter 8, 126-139 (2018).<\/p>\n [18]<\/a> \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 See also Sarah Baldwin, Witch Hunts among Witches: Anglo-Saxon Law, the Persecution of Witchcraft, and the Legal System in the Wizarding World of Harry Potter<\/em>, 50 Cumb. L. Rev. 139, 154-155 (2019); Daniel Austin Green, VIII. Excuse, Justification, and Authority<\/em>, 12 Tex. Wesleyan L. Rev. 459, 459-461 (2005).<\/p>\n [19]<\/a> \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Harry, a minor, using magic outside of Hogwarts and in front of his cousin Dudley constitutes a number of offences under \u201cParagraph C of the Decree for the Reasonable Restriction of Underage Sorcery, 1875, and also under Section 13 of the International Confederation of Warlocks\u2019 Statute of Secrecy\u201d, Joanne K. Rowling, Harry Potter & the Order of the Phoenix, chapter 8, 129 (2018).<\/p>\n [20]<\/a> \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Regulated in Clause 7 of the Decree for the Reasonable Restriction of Underage Sorcery, Joanne K. Rowling, Harry Potter & the Order of the Phoenix, chapter 8, 136 (2018).<\/p>\n [21]<\/a> \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 It is striking that Harry does not have and is not given any legal counsel and, although a minor, is not accompanied by an adult. During the trial, Albus Dumbledore suddenly shows up, acts as a \u201c\u2019witness for the defence [\u2026]\u2019\u201d (Joanne K. Rowling, Harry Potter & the Order of the Phoenix, chapter 8, 131 (2018)) and in fact defends Harry successfully, but all this happens to Harry\u2019s surprise and without his prior knowledge. It seems that the Wizengamot Charter of Rights does not allow for legal counsel, if such a thing exists in the Wizarding World, as Dumbledore would have chosen this role instead of acting as a mere witness.<\/p>\n [22]<\/a> \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Albus Dumbledore points out: \u201c\u2018And you certainly seem to be making many changes, Cornelius. Why, in the few short weeks since I was asked to leave the Wizengamot, it has already become the practice to hold a full criminal trial to deal with a simple matter of underage magic!\u2019\u201d, Joanne K. Rowling, Harry Potter & the Order of the Phoenix, chapter 8, 137 (2018).<\/p>\n [23]<\/a> \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Harry witnesses these trials through Albus Dumbledore\u2019s Pensieve. A Pensieve is a particular magical instrument unknown to our real world. It allows a wizard, in this case Dumbledore, to store memories in it and to access them again later. When consulting these memories at a later time, the person doing so literally plunges into the memory and experiences it as an invisible spectator, even able to move around, but unable to speak to the persons present in this memory (William P. MacNeil, \u201cKidlit\u201d as \u201cLaw-And-Lit\u201d: Harry Potter and the Scale of Justice<\/em>, 14 Law & Lit. 545, 547 (2013); Joanne K. Rowling, Harry Potter & the Goblet of Fire, chapter 30, 491, 503-504 (2018)). At one point, Harry accesses one of Dumbledore\u2019s memories through the Pensieve and so witnesses these three court hearings (Aaron Schwabach, Harry Potter and the Unforgivable Curses: Norm-formation, Inconsistency, and the Rule of Law in the Wizarding World<\/em>, 11 Roger Williams U. L. Rev. 309, 344-346 (2006); William P. MacNeil, \u201cKidlit\u201d as \u201cLaw-And-Lit\u201d: Harry Potter and the Scale of Justice<\/em>, 14 Law & Lit. 545, 548-550 (2013); Joanne K. Rowling, Harry Potter & the Goblet of Fire, chapter 30, 493-503 (2018)). Due to this particular way of experiencing the memory, I found it more appropriate to discuss this scene as part of the first-hand experiences. In contrast to second-hand experiences, Harry observes the hearing himself and draws his own conclusions instead of being influenced by the way the original owner of the memory, in this case Dumbledore, tells him the story.<\/p>\n [24]<\/a> \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 \u201c\u2019Death Eaters?\u2019 said Harry. \u2018What are Death Eaters?\u2019<\/p>\n \u2018It\u2019s what You-Know-Who\u2019s supporters called themselves,\u2019 said Bill. \u2018I think we saw what\u2019s left of them tonight \u2013 the ones who managed to keep themselves out of Azkaban, anyway.\u2019, Joanne K. Rowling, Harry Potter & the Goblet of Fire, chapter 9, 121 (2018).<\/p>\n [25]<\/a> \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 As does Karkaroff, Joanne K. Rowling, Harry Potter & the Goblet of Fire, chapter 30, 495-498 (2018).<\/p>\n [26]<\/a> \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Joanne K. Rowling, Harry Potter & the Goblet of Fire, chapter 30, 500, 502 (2018).<\/p>\n [27]<\/a>[27] \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 An overview from 2021 can for example be found in Mihir R, How Courts Across the World Broadcast Proceedings<\/em>, Supreme Court Observer (Jun. 25, 2021), https:\/\/www.scobserver.in\/journal\/how-courts-across-the-world-broadcast-proceedings\/<\/a>.<\/p>\n [28]<\/a> \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Joanne K. Rowling, Harry Potter & the Order of the Phoenix, chapter 7, 123 (2018).<\/p>\n [29]<\/a> \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Joanne K. Rowling, Harry Potter & the Goblet of Fire, chapter 30, 500 (2018).<\/p>\n [30]<\/a> \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Joanne K. Rowling, Harry Potter & the Goblet of Fire, chapter 30, 503 (2018).<\/p>\n [31]<\/a> \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 \u201cQuidditch, the most popular sport in the wizarding world (six tall goalposts, four flying balls and fourteen players on broomsticks)\u201d, Joanne K. Rowling, Harry Potter & the Chamber of Secrets, chapter 1, 3 (2018).<\/p>\n [32]<\/a> \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Levels Seven through Two as well as the Atrium and Level Eight, in Joanne K. Rowling, Harry Potter & the Order of the Phoenix, chapter 7, 119-120, 124 (2018); levels Four through One, in Joanne K. Rowling, Harry Potter & the Deathly Hallows, chapter 12, 198 (2018).<\/p>\n [33]<\/a> \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Joanne K. Rowling, Harry Potter & the Order of the Phoenix, chapter 7, 119 (2018).<\/p>\n [34]<\/a> \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Kirk Ross structured his whole chapter on the law of the Wizarding World according to the different levels of the Ministry of Magic, see Kirk Ross, Lex Fantasticorum, 111 (2017).<\/p>\n [35]<\/a> \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Joanne K. Rowling, Harry Potter & the Chamber of Secrets, chapter 14, 277 (2018).<\/p>\n [36]<\/a> \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 See also Aaron Schwabach, Harry Potter and the Unforgivable Curses: Norm-formation, Inconsistency, and the Rule of Law in the Wizarding World<\/em>, 11 Roger Williams U. L. Rev. 309, 309-310 (2006).<\/p>\n [37]<\/a> \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Jeffrey E. Thomas, X. Rule of Man (or Wizard) in the Harry Potter Narratives<\/em>, 12 Tex. Wesleyan L. Rev. 468 (2005); William P. MacNeil, \u201cKidlit\u201d as \u201cLaw-And-Lit\u201d: Harry Potter and the Scale of Justice<\/em>, 14 Law & Lit. 545, 549-550 (2013); Kenneth Schneyer, No Place to Stand: The Incoherent Legal World of J.K. Rowling<\/em>, Johnson & Wales University ScholarsArchive@JWU 6 (2008), https:\/\/scholarsarchive.jwu.edu\/cgi\/viewcontent.cgi?article=1027&context=humanities_fac<\/a>.<\/p>\n [38]<\/a> \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Joanne K. Rowling, Harry Potter & the Chamber of Secrets, chapter 14, 278 (2018). As it turned out, Hagrid was right: \u201c\u2019Well, you see, Lucius,\u2019 said Dumbledore, smiling serenely, \u2018the other eleven governors contacted me today. [\u2026] They seemed to think I was the best man for the job after all. Very strange tales they told me, too. Several of them seemed to think that you had threatened to curse their families if they didn\u2019t agree to suspend me in the first place.\u2019\u201d, id<\/em>., chapter 18, 353.<\/p>\n [39]<\/a> \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 For a better understanding: Dobby speaks of himself in the third person.<\/p>\n [40]<\/a> \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Joanne K. Rowling, Harry Potter & the Chamber of Secrets, chapter 10, 187 (2018); Paul R. Joseph & Lynn E. Wolf, The Law in Harry Potter: A System not even a Muggle Could Love<\/em>, 34 U. Tol. L. Rev. 199 (2003).<\/p>\n [41]<\/a> \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Joanne K. Rowling, Harry Potter & the Philosopher\u2019s Stone, chapter 5, 69-70 (2018); Sarah Baldwin, Witch Hunts among Witches: Anglo-Saxon Law, the Persecution of Witchcraft, and the Legal System in the Wizarding World of Harry Potter<\/em>, 50 Cumb. L. Rev. 142 (2019).<\/p>\n [42]<\/a> \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Joanne K. Rowling, Harry Potter & the Order of the Phoenix, chapter 12, 225 (2018).<\/p>\n [43]<\/a> \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 On punishment in the Harry Potter-books see for example Joel Fishman, VI. Punishment in the Harry Potter Novels<\/em>, 12 Tex. Wesleyan L. Rev. 452 (2005).<\/p>\n [44]<\/a> \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 See under point 1.3.<\/p>\n<\/p>\n
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