Hermione doing magic

[Steve]

No: HPFGUIDX 167834

---  "zanooda2" <zanooda2 at ...> wrote:
>
> ---  "Tandra" <tkjones9@> wrote:
> >
> > Ok so is it just me or does she seem to get away 
> > with doing magic outside of school? She fixed Harry's
> > glasses on the train in the first> book and in the 
> > >middle of Diagon Alley in the second book ...
> > 
> > Did anyone else notice this or is it just me? And 
> > didn't she also mention practicing magic once she got
> > her letter and then books in the first book?
> 
> 
> 
> Hermione did not fixed Harry's glasses on the train, 
> and it was Arthur Weasley who did it in Diagon Alley.
> ...
> Hermione did mention practicing spells before going to
> school in SS/PS. I personally think that they don't
> punish Muggleborn children for this, ...
> 
> ...
> 
> As for doing magic on the Hogwarts Express, it seems
> to be allowed, at least we see it happen rather often
> ... I think the students are considered at school from
> the moment they get on the train.
> 
> Hope it helps,
> 
> zanooda
>

bboyminn:

Zanooda is right, but I want to expand on the subject
further. Keep in mind that the Statute of Secrecy and
the Reasonable Restriction of Under Age Magic are not
absolute. That is, it is not one infraction and you
instantly get the death penalty. It certainly covers
a range of infractions with a range of seriousness and
therefore a range of disciplinary actions.

Keep in mind that the Statute of Secrecy exist to 
prevent muggles from finding out. I suspect if Harry
had been more in favor with the Ministry, they would
not have thought to seriously about his defending 
himself against Dementor. They say he performed magic
in from of a muggle, but the muggle was Dudley and
Dudley is already aware of the magic world, so that
did not represent a true breach of Secrecy. Of course,
Fudge is out to get Harry, so there is no listening
to reason with him.

So, if Hermione performed magic at home, it also would
not be a breach of the Statute of Secrecy because her
muggle parents are already magic-aware; they know about
the wizard world, they've been IN the wizard world. 

So barring magic in front of magically UNaware muggles, 
this isn't a problem. Keep in mind that breach of
Secrecy if far more serious than Underage Magic.

Now as to Underage Magic, I firmly believe Harry was 
caught because Privet Drive and the surrounding area 
is VERY closely monitored by the Ministry. Supposedly
this is done for Harry's safety, but it also provide
a very convenient excuse for the Ministry to persecute
Harry when Harry is out of favor.

Now at the Burrow, the twins are performing magic all
the time making their tricks for the joke shop. But
magic is happening all the time at the Weasley's 
because it is an ALL MAGIC household. That makes it
very difficult to separate our normal magic from
underage magic. 

Further, since the Weasley's is a all magic household,
and as long as the Twins don't require any disaster
intervention, I don't think the Ministry is going to 
make a big deal out of it. They leave it up to the
parents to deal with, unless, like I said, it
become disastrously out of control.

So, the central point is that underage magic is a minor
concern for the Ministry as long as no unaware muggles
are exposed and as long as it doesn't require any kind
of disaster response.

Notice that when Harry allegedly performed the Hover
Charm, which we know was actually performed by Dobby,
there were UNAWARE muggles present; the Dursley's house
guests. That is a much bigger deal, and must be dealt
with more severely than simple underage magic. 

So, again, in cases of simple uncomplicated underage 
magic, I think the Ministry treats this as a minor 
problem that is generally left to the parents to
police and punish.

Just a thought.

Steve/bboyminn