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

[Goddlefrood]

No: HPFGUIDX 169581

> lizzyben04:
> See, this is where I disagree, & this is my fundamental 
> problem with the series. Under a real system of laws, 
> EVERYONE is entitled to fairness, respect, rights and 
> tolerance. Everyone is protected by those laws, and they 
> should be applied equally and without prejudice.

Goddlefrood:

In the real world as of even date this may be a valid poiint, 
although many in certain less democratic (a word I always use 
loosely) countries would disagree.

The UK as a whole has no Constitution, JKR is from there, she 
has little regard of how legal systems outside the UK might 
work. The US justice system has no relevance at all to the WW. 
This has been stated ad infinitum (mostly by me, I'll grant 
you ;)).

At the point where the book series began there was little 
Human Rights legislation globally, it is a relatively recent 
legal development, although the underlying fundamentals of it 
have been around for some time.

When the WW is considered, which we must, and also bearing in 
mind that it does not exist, as at 1692 the WW went into a 
state of seclusion from the Muggle world. The Muggle world has 
no real bearing as of now, or for the last 3 or more centuries, 
on how the WW has developed its systems of governance (again, 
for want of a better word).

What was said during "The Other Minister" chapter of HBP also 
has great bearing. That was, roughly, that each of the two 
protagonist sides in the second rise of Voldemort have similar 
magical powers. These powers, iirc, do not exist in the Muggle 
world, even to those who may have taken the QuickSpell course.

> Lizzyben04:

> "All men are created equal, all endowed with the right to 
> life, liberty & happiness..."

Goddlefrood:

Tell that to someone on death row ;-)

> Lizzyben04:

> Laws don't matter to either, because the Ministry is so 
> corrupt that its laws become meaningless. Elves, goblins, 
> other groups that are denied equality will always look for 
> opportunities to get it back.

Goddlefrood:

I could not agree with this as there is too little to go on. 
Each of the sentient beings mentioned above have a liaison 
office and there is some legislation governing them. That 
witches and wizards have prejudice against some of these 
magical beings is not something that can be legislated away. 
There are sex discrimination laws and race relations laws 
in the real world that do not always work. Sometimes they 
go too far too.

One rather odd example is the Isles of Scilly Fire Service. 
Due to positive discrimination there is a requirement that 
at least one officer of that service should be from an ethnic 
minority. The thing is there are no ethnic minorities in the 
Isles of Scilly and this ethnic minority officer has to be 
uprooted from wherever he or she might reside and placed in 
the Islands. (They are a real place and both this and the story 
above can be attested if necessary).

> Lizzyben04

> People who are unhappy with the Ministry will still form 
> their own "clubs" & "armies", as Dumbledore & Slughorn did, 
> eventually either furthering the corruption or taking over 
> the Ministry.

Goddlefrood:

Quite possibly, but where is there a law in the WW of which we 
are aware that prohibits this? The MoM seems to have no real 
problem with the Order, and why would it, it is ostensibly 
opposing a common enemy. That stands whatever else might be 
said of the MoM or any specific employees of it.

I would suggest that the closest we can say about the WW is, 
not my own, but the words of Lord Acton:

"Power tends to corrupt, and absolute power corrupts absolutely. 
Great men are almost always bad men."

Goddlefrood