On Jurisprudence (was:Re: On the perfection of moral virtues)

[Goddlefrood]

No: HPFGUIDX 169604

> Sridhar:
> Statutes and decrees, yes, but are they passed by elected 
> members? 

Goddlefrood:

As I said, I would not contend that the law in the WW works, 
what we have been shown of it realy does not. Arguably it 
did for certain matters when the WW was under the equivalent 
of emergency regulations. Some were improperly dealt with 
and injustices were done, but the overall situation from 
what I glean from the books merited the use of Draconian 
powers.

Decrees in the rael world are invariably *not* passed by 
elected members either. They are typically promulgated
by the executive, in the case of the Educational Decrees 
throughout OotP it is not unreasonable to conclude, as I 
do, that either the Minister himself, or more probably 
(particularly for the later ones) that the six-gilled 
shark was delegated the executive power.

I would agree that the Wizengamot is not elected and would 
enact Statutes and probably pass Codes too, but it is hardly 
distinct from the judiciary or the executive, hence my view 
that there is no separation of powers, as there would be in 
many, but not all, real world nation states, in the wizarding 
world. That the wizengamot consists of the more experienced 
members of wizarding society (almost a gerontocracy) should 
hold little controversy. It is somewhat like the Hoyse of 
Lords in that regard.

The original Colonists of America, or so I believe, were 
mostly escaping from persecution, a large part of which was 
religious. Not so much escaping from the class system or the 
aristocratic loons that roam freely there.

All of which basically means that the wizarding world's 
governance can not really be understood by comparison with 
real world governance systems, except possibly those states 
where there is not a recognisable parliament, Fiji for one 
currently.

Felicitations on your layman's view.

Goddlefrood, still amused that any think the WW governance 
system is the source of some contention ;-)