General Rule of Law in the Wizard World & Sirius Estate

[zgirnius]

No: HPFGUIDX 132360


Steve wrote:
> 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.

zgirnius writes:
Interesting post. The laws of the WW are definitely an interesting 
topic. I agree with you that it seems that the WW authorities do not 
interfere much in minor criminal matters, or matters or civil law, 
from what we have seen, except where magic is involved. But I would 
not say that the WW we have seen has a particularly order-loving or 
honest population. I think your description of the WW as like a 
frontier society is right on...for example, we know in OotP, 
Mundungus Fletcher comes across some cauldrons which "fell of a 
broom" (which is why he's away when the dementors attack Harry). I 
think that if the owner of the broom were to show up and turn 
Mundungus into a toad temporarily and repossess the cauldrons, 
Magical Law Enforcement would not care...vigilantism would be 
tolerated as long as Muggles were not invovled, and noone used an 
Unforgivable curse. Maybe not everyone has a gun...but they sure do 
all have wands!

steve again:
> 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.

zgirnius:
I actually think that the issue of Sirius' estate has an additional 
complication. As far as I can tell from the books, the estate 
consists of two major parts: the account at Gringott's  Bank, and the 
Black family home at 12 Grimmauld Place. If Sirius has not left any 
instructions with the bank, this is something I could see going to 
Draco Steve, here I take your word for the fact that he would be the 
closest male heir. Was Narcissa Malfoy, nee Black, the eldest of the 
three sisters? I do not recall the Black family tree in detail. 

However, I do not think the family home will ever end up in the WW's 
version of probate court. I believe that the various enchantments on 
it (Unplottable, the Secret Keeper thing, etc.) mean that noone 
outside the OotP can even get to it...so how could they claim it? 
After all, if the WW authorities had any way at all to get to it, 
this would certainly have been among the first places they would have 
checked when Sirius escaped from Azkaban, and they would continue to 
keep an eye on it, making it an unsuitable secret HQ. So I conclude 
that noone CAN find it now (not even someone like Narcissa, who 
probably spent a lot of time there at a certain point in her life.)