House-Elves yet again
a_svirn
a_svirn at yahoo.com
Mon Jan 28 17:57:17 UTC 2008
No: HPFGUIDX 181078
> a_svirn:
> > Oh yes, we do. Kreacher was inherited legally, wasn't he? Of
course
> > we don't know exactly what sorts of laws regulate wizarding
> > inheritance, we are not treated to the equity versus common law
legal
> > rigmarole, thank Merlin, but we know the essentials.
>
> Random832:
> But we don't. That there is legal recognition that they are
property
> does not mean that it was laws that made them property - that is,
there
> is no indication that laws were passed making them property, in the
same
> way as, say, laws were passed forbidding Goblins to use wands. For
an
> analogy, say I own an X-Box 360. It is legally recognized that an X-
Box
> 360 is property, it can be inherited, etc. But this is not a law
that
> has been passed by a particular legislature, there is no "X-Boxes
are
> considered property act of 1986"; rather, the fact that movable
> inanimate objects are considered property is something that has
existed
> in human society for a hundred thousand years.
a_svirn:
I don't see what it matters. You mean that they did not pass an act
No. so and so, that proclaims elves chattel property? May be they
didn't. Then again, maybe they did. It doesn't matter: so long as
elves are legally recognized as chattel property, they are property
by law. Law does not necessarily mean acts of Wizengamot, you know.
Especially if wizards favour Common Law, which I rather think they
do.
> >> Carol:
> > Somehow, in the distant past, House-Elves started
> >> serving Wizards, whether voluntarily or otherwise, and somehow
they
> >> became magically associated with those old families and houses,
> >
> > a_svirn:
> > We know how. They were enslaved. That's how it is called in
canon. By
> > an elf.
>
> Random832:
> That doesn't answer the fundamental question of *HOW* they were
> enslaved. Whether it was their own choice or something forced by
wizards.
a_svirn:
I have even more fundamental question: why on earth should it have
been their choice? We know they want to serve wizards and probably
always have. How does it follow that elves wanted to be bound to
them? And even if they did want it (from the lack of sophistication
or for the reasons of security) would it not mean taking advantage of
them?
a_svirn.
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