General Rule of Law in the Wizard World & Sirius Estate

[Steve]

No: HPFGUIDX 132330

On the General Rule of Law in the Wizard World-

...and how it applies to the Black Estate.

I really don't think there is much civil or criminal law in the wizard
world. Most of the law and law enforcement is related to keeping
knowledge of the wizard world from muggles.

Someone said they thought the wizarding world didn't necessarily
follow muggle law, and that the wizard's law might be radically
different. In a sense I agree, but in another sense I don't.

I think very old historical legal concepts like 'Eldest Son' inherits,
which is centuries old, would be generally ingrained in wizard
society, and I think all other general law would mirror the muggle
world. But muggle law is incredibly detailed and complex. I think
wizard law is radically different, not because of the admitted endless
bureaucratic law, but because written wizard's law, especially
criminal law, is very basic, which leaves tremendous room for the
court to create spontaneous legal precedents in the courtroom. In
summary, it's not a matter of convincing the court of the legality of
your arguments, it's simply a matter of convincing the court. The
courts have tremendous leeway in making on the spot judgements.

I'm not sure I explained that first part well, so let me try it again.
True, we see that the wizard world has more than its share of
bureaucratic law and petty political laws, but most are relate to the
Statue of Secrecy. However, I think very little exists in the true
criminal sense, and very little in the criminal aspect of civil law.
Trying one more time, there is some bureaucratic thickness to the
legal books, but I think the laws that regulate and control everyday
life are pretty basic. It's hard to describe accurately because it's
both complex and basic at that same time.

Don't get me wrong, the wizard world like any society has the basics;
you don't steal, you don't harm, you don't kill. But I don't think it
goes much beyond that. In a sense, a very general sense, the wizard
world is a frontier society. They have just enough law to keep general
order, and beyond that it's every man for himself. That's not really
such a bad thing since most people are honest and really want to live
a safe orderly life.

Keep in mind that all law enforcement we've seen in the books relates
to magic. Aurors chase dark wizard and control people practicing the
dark arts. Magical Law Enforcement is related to the Statue of
Secrecy, and dealing with magical accidents. We see no general
criminal law enforcement body. That apect seems to be left up to the
general honesty of the wizard population.

As we can tell from Harry's hearing, a trial isn't so much about
convincing the court that your position conforms to specific legal
points, as it is about just plain convincing the courts. That's one of
the reason why this 'rule of law by committee' is so prone to
corruption. It's never a matter of who is truly right or wrong based
on specific interpretation of the Law, it's a matter of the most
articulate person convincing the court that they should rule in his
favor. Notice the lack of any legal advocates for the defendant in the
court. Another indication that law and order is VERY basic in the
wizard world.

Because of this, I think any conflict regarding Sirius's estate will
be based on eventually convincing the court to favor one person over
another. A handwritten Will from Sirius, may not have strong legal
value, but if it is witnessed by someone like Dumbledore who is now in
favor again, it would have tremendous weight in convincing the court
that his is truly what Sirius wanted.

All that said, I don't think the matter of Sirius's death will ever
see the inside of a courtroom until it suits the Order's advantage. I
believe the Order will deal with the issue with a staged approach. At
first they will avoid the issue, no one knows Sirius is dead, and
they'll leave it that way for now. At some point, they have to deal
with it, and their first order of business will to prove Sirius is
innocent; if not in a court of law then at least in public opinion. I
smell another Rita Skeeter article coming. Once they lay that
foundation, they re-establish Sirius's credibility, and that lends
weight to any handwritten Will he may have created, and that opens the
door to officially resolving the estate.

So the short version is, in regard to resolving Sirius's Will and
Estate, it's simply a matter of Dumbledore and others convincing the
court that Harry should get the estate, rather than heavy reliance on
specific applied law.

For the final point, I still say that in the absents of a handwritten
Will, Harry has no legal foundation at all, and the estate is then
resolved among the remain close relatives of the Black Family. If
'eldest son' is given precedence, and a Will exists or Sirius
expressed his wishes to witnesses, then it's a fight between Harry and
Draco over the estate. A fight that I think will make a great subplot.

Just a thought.

Steve/bboyminn