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Authority



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There are abounding forms of authority. Those acclimatized in the books accommodate legal, parental, and moral authority. The use of ascendancy relies aboriginal on the accepting by both parties to the ascendancy and the way in which it will be used. All ascendancy is dynamic, in that the akin of adeptness amid any two bodies or entities is consistently changing, depending on the alone affairs acting aloft a accustomed situation. Altered types of ascendancy will clash, as there are advanced layers of overlap amid them.



Legal Authority



There appears to be two capital sources of acknowledged ascendancy in the Wizarding World: the Aldermanic and the Courts.1 We accept credible little of the Aldermanic added than Ministry of Abracadabra and its head, the Minister of Magic. From the alternation amid the Prime Minister, Cornelius Fudge, and Rufus Scrimgeour,2 it is credible that no one in the House of Commons3 is acquainted of the Ministry’s existence. This begs the catechism of who appoints the Minister of Magic. There charge be some aldermanic agnate to the House of Commons in the Wizarding World, but so far we accept not been apparent to it.

The Ministry of Abracadabra appears to accomplish like added Ministries axial the United Kingdom’s authoritative apparatus. The allowances of the Ministry accept been shown; befitting the convenance of abracadabra safe and out of the apprehension of Muggles;4 licensing the use of Apparition;5 and yes, alike befitting bodies safe from cauldrons with bare basal thicknesses.6 We additionally see the down-side of such bureaucracies; from the baby indignations Arthur Weasley faces,7 to the agitation Harry gets into because of Dobby,8 to the abhorrent corruption and aspersion done to Harry by Dolores Umbridge.9

The Ministry is burst up into Departments that handle assorted aspects of the Ministry’s duties. The Departments may accept abate capacity aural them. Offices, Committees, Squads, and Capacity all assume to abide aural Departments. They may denote rank of subdivision, but it is not at all bright from the literature.

We accept credible beneath of the courts. Admitting the scenes we accept witnessed are usually politically charged, there is a crisis that the sample we accept credible is not adumbrative of the accustomed activity of the courts. However, we can assumption some ample generalizations accustomed what we accept read.

The Supreme Cloister of the Wizarding Apple is the Wizengamot and is absolute by the Wizengamot Charter of Rights.10 This would accomplish it arise to be absolute of the Ministry of Magic, admitting the Ministry would arraign any lawbreakers. It is cryptic if there are lower courts in the Wizarding World; there may be lower courts and there may artlessly be instances back one of the Wizengamot is all that is bare to cede acumen in a matter.

We additionally accept not credible any civilian accomplishments brought afore the Wizengamot; all the cases of which we accept apprehend are angled prosecutions.11 It would arise acceptable that the Wizengamot additionally ascendancy amplitude over civilian matters, admitting they arise to be added a autonomous association apropos the interactions amid wizards and witches. They are, however, accommodating to leave abundant elbowroom to wizards alleged afore them on a angled matter.

Parental Authority

We see affectionate ascendancy acclimatized both able-bodied and poorly. The Dursleys exercise poor affectionate ascendancy over both Dudley and Harry. Dudley is never captivated amenable for annihilation he does. Any affair with added authorities, such as agents or doctors, is discounted in advanced of Dudley. As a result, Dudley has abstruse that as continued as his parents accept ascendancy over a situation, his wishes will not be thwarted. Harry, on the added hand, is accountable to the accidental and acrid rule-making of the Dursleys.

Until he is eleven and goes to Hogwarts, Harry is the Dursleys’ slave. He acutely altar to such treatment, but there is annihilation he can do added than activity a war of baby victories. Already he goes to Hogwarts, begins to apprentice magic, and makes accompany alfresco of the Dursleys’ influence, he can activity added acerb adjoin the injustices to which he feels the Dursleys accountable him. Already he assets his majority, he will be chargeless from the ascendancy of the Dursleys.

The Malfoy ancestors is abundant like the Dursleys. Draco is aloft abundant like Dudley for his aboriginal few years at Hogwarts and both mothers dote on their sons. Their fathers are different. While Vernon encourages Dudley to acquiesce his whims, Lucius is abundant added negative, although he does assume to acquiesce his son. However, already Lucius is arrested at the Ministry,12 Aristocrat Voldemort becomes Draco’s father-figure. Draco is now beneath burden to accomplish and Aristocrat Voldemort is not as affectionate as his father.

The Weasley family, on the added hand, is run added adequately and added lovingly. Accouchement are favored, but alone in baby measure, and for their acceptable work. Arthur and Molly Weasley can be austere in some cases, but rarely charge to be for important issues. Aloft with adulation and affection, the Weasley accouchement accept angry out well.

Moral Authority

Moral ascendancy would assume to be the weakest anatomy of authority, as it has no absolute bureau of administration corruption for violations. In both our apple and in the Wizarding World, banausic affairs accept been the abuttals of the acknowledged authority. Moral issues are not accountable to acknowledged ascendancy and are not absolute by any arresting bulk in the Wizarding World. There are religious leaders and politicians who would act as moral authorities in our apple but the Wizarding Apple seems decidedly agnostic.

As a result, there is no axial bulk to acknowledge a austere chastity to which one charge adhere. This serves to fragment chastity from a accumulation ideal into a added claimed standard. Wizards are amenable for their actions, and to a bottom extent, their inactions.

Moral ascendancy has the odd aftereffect of actuality best able to those atomic acceptable to baffle it and weakest to those best acceptable to act immorally. Aristocrat Voldemort rules through abhorrence and intimidation; Dumbledore was able to accession an army after alike alive he did so. Dumbledore was admired and admired for his moral backbone as able-bodied as his bewitched prowess.

Law

The acknowledged cipher of the Wizarding Apple has several facets: abstracts that abut the basal framework aloft which the association works, approved laws, anesthetized by a aldermanic anatomy or the Ministry which beef out that framework and authoritative rules that affect to civic details. Overarching this arrangement are the unwritten, but about accepted, civic laws.

Basic Laws and Concepts

There does not arise to be a axial certificate codifying the Wizarding World’s axiological concepts of law. Rather like the Muggle United Kingdom, the Wizarding Apple appears to accept several aloft treaties and laws that act as an breezy framework.

The Wizengamot Charter of Rights is acceptable a ample colonnade in this foundation of laws. While it acutely acts as a procedural adviser to Wizengamot activities it would accomplish faculty that, in laying out the accomplishments for which a balloon may be brought, the basal rights of a astrologer are laid out as well. This is an important aboriginal footfall as it charge set out the axiological rights of a astrologer and cardinal those that are incontestable by the administering bodies.

The International Statute of Wizarding Secrecy is the added aloft contributor to the foundation of laws. The Statute sets limitations on the adeptness of a astrologer to accomplish in public. Already the astrologer knows his rights, his albatross to association is the cast ancillary of the equation. The Charter lets a astrologer apperceive what he can do and what the State cannot. The Statute lets a astrologer apperceive what the State charge do and what he cannot.

It appears that the Wizarding Apple has a actual autonomous foundation. This makes sense, as absolutely accomplished wizards are able to booty affliction of themselves actual ably. There is no charge to assure poorer wizards, as absolutely accomplished wizards are accepted to accomplish on their own. However, there are chic distinctions in the Wizarding World, and beneath activity at the Ministry of Abracadabra for those wizards of the lower classes.13

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Substantive Laws

Befitting the autonomous angled of the axiological laws, there are not abounding Wizarding laws to which the clairvoyant is exposed. As mentioned previously, there is no acknowledgment of a abiding aldermanic anatomy in the Wizarding World; it is accessible that laws are anesthetized alone on an accessible autonomous vote or by adapted committee. Presumably, there are laws authoritative the use of the Unforgivable Curses illegal. There are additionally the assorted treaties with added genitalia of the Wizarding Apple and with bewitched beings. There are absolutely added laws administering the use of magic, abnormally those allegorical the axiological law declared above. There charge be a law creating the Ministry itself.

Ministerial Rule-Making

It is actuality that we see abundant of the law as it applies in Harry Potter and in our lives. Authoritative agencies are created with the accurate purpose of creating a band of law at a actual diminutive level. These rules administer to those of us adapted by the Ministry every day. We charge anticipate of wizards as a accurately adapted group, like banks, biologic companies, accessible corporations, and slaughterhouses. It is odd that the Ministry affects every astrologer who knows of its existence, yet it additionally has a absolute assignment to the absolute United Kingdom, appropriately the appointment to the Muggle Prime Minister.

The conception of rules can be actual haphazard; there is usually a abundant law anecdotic how the rules are to be made. It is cryptic that the Wizarding Apple anytime anesthetized legislation acute accessible altercation and animadversion periods afore the aphorism authoritative activity could be complete, such as now abide in abounding countries. It appears from the abstract that the Ministry retains a acceptable accord of its controlling authority, abnormally in times of crisis.14

The advantage of aphorism authoritative over legislation is the adeptness to change bound and acclimate to changes in the world. After the claim for debate, the Ministry can move with the acceleration of an controlling body. Because of this, there is the abeyant for corruption so the rules are bound in their scope. Rules cannot usually aggrandize the adeptness of the Ministry, they can alone seek to ascertain the laws that it regulates. Ministries generally ball the accomplished band amid the two; it is accustomed for a ascendancy to try to aggrandize into the widest accessible analogue of its purview. We see in Harry Potter and the Adjustment of the Phoenix how the Ministry uses its admiral of rulemaking, influence, and intimidation.15

The Ministry additionally serves as its own administration group. The Department of Bewitched Law Administration includes the Improper Use of Abracadabra Office, the Bewitched Law Administration Squad, the Auror Office, and the Misuse of Muggle Artifacts Office. Anniversary of these groups serves to accomplish the Ministry’s rules and accompany offenders to acknowledgment for their infractions. It is cryptic whether they additionally are amenable for administering the authoritative cloister that hears the Ministry’s case and the offender’s defense. That may be the albatross of the Minister’s appointment itself.

The Ministry does accommodate abounding advantageous functions as they adapt and accomplish the use of Abracadabra in the United Kingdom. They assume to do a about acceptable job of it beneath accustomed circumstances. However, we accept credible this administration beneath political stress, with Harry’s run-ins with the Ministry over Dobby, Aunt Marge, and the Dementor attack. In the aboriginal instance, he accustomed an adjustment from the Ministry and was accountable to the authoritative courts. In the second, Fudge said he knew all about the incident, but was accomplishing annihilation about it. In the final circumstance, the Ministry absitively to abandon its own authoritative cloister for a angled case afore the Wizengamot. Actuality we see all of the options accessible to the Ministry for administration of its rules. Typically, any cardinal by the Ministry authoritative courts would be accountable to analysis by a college court, apparently the Wizengamot.

Rules at Hogwarts

In our reading, we frequently see characters breaking the rules of Hogwarts. Acceptance out of bed at night, acceptance application abracadabra area they are not allowed, acceptance application spells they are not declared to apperceive or use, acceptance in genitalia of the castle/forest/town back they are not declared to be there. Does this beggarly Ms. Rowling is auspicious anarchy?

Far from it; she is autograph a adventure about boys and girls at a boarding school. While the academy charge accept rules to accomplish some discipline, Hogwarts seems to animate tacitly some akin of aphorism breaking. This is abundantly due to the Headmaster for best of the aftermost six books: Albus Dumbledore does not bang one as the blazon to obey unthinkingly any rule, nor does he arise to appetite his acceptance to be rule-bound, either. As wizards, they accept abundant adeptness accessible to them. They charge apprentice to anticipate about the adeptness they wield, or they may end up affliction addition because they did not stop to think.

Dumbledore seems decidedly animated that Harry begin out about Nicholas Flamel back he retrieved the Philosopher’s Stone.16 Harry should not accept alike opened the aperture to the third attic corridor, never apperception ample out what Fluffy and the enchantments protected! Dumbledore was appreciative because Harry had anticipation his way through all of the tests with his accompany and adequate that he survived.

Dumbledore is occasionally accused of actuality lax about students’ lives, frequently creating situations that could prove deadly. I accept his achievement is to acquiesce the accouchement to acquaintance aggressive situations beneath somewhat controlled situations so that back they are threatened after on in life, they accept a bigger adventitious of survival. Dumbledore is not a big accepter in careful accouchement from the truth. Yes, acceptance will get aching added generally ’ Harry ability accept asleep Draco with Sectumsempra had Snape not been adapted there to alleviate him17 – but Dumbledore would acutely rather accord with acceptance with burst basic and wounds than asleep ex-students that were not able for the apple they faced.

Justice

Justice beneath the Law

Justice is a abstract concept, as adjoin to law and authority, which are abundant added absolute concepts. Law is accountable to estimation at the boundaries, but it defines ample areas of activity as aural or alfresco the abuttals of the law. Amends is not a anchored ideal, but a claimed feeling. A aloof aftereffect for one may not be amends for another. For instance: if a being is bedevilled for murdering two people, and one ancestors wants the afterlife penalty, but the added refuses to be affair to addition killing, to whom is amends served?

The absorbed of any aloof law is justice, yet the law is unyielding. It is accessible to accomplish an biased aftereffect from a aloof law and carnality versa. The law charge be activated to anybody or amends will be perverted. For every Merope Gaunt, there is a Lucius Malfoy. Merope best acceptable bankrupt several laws in her abduction of Tom Riddle, Sr. To let her go chargeless would acquiesce addition with access like Lucius to accomplish a apparent altercation to chargeless himself as well. The alone acknowledgment is to administer the law as it is. I am not comparing the two crimes, nor adage that they would accept gotten the aforementioned analysis from the Wizengamot. Merope is acutely a adverse bulk and Lucius has not done annihilation to attach him to the reader.

Equity

Equity is abundant added absorbed in accouterment a aloof acknowledgment to a situation. The United Kingdom cloister of disinterestedness was developed from the Aristocrat Chancellor’s administration to actuate cases for the King, according to disinterestedness or fairness, rather than according to the austere letter of the law. The purpose of the cloister is to accommodate a antidote area the law fails to accommodate one.

The Role of the Wizengamot

The Wizengamot appears to be a avant-garde accumulated court, alms amercement and specific relief. This causes some problems for the Wizengamot, as the courts of law and disinterestedness were not accumulated in the Muggle Apple until 1873 in the United Kingdom. As davidenglish credibility out in his accomplished Scribbulus essay,18 the Wizarding Apple abundantly afar from the Muggle Apple in 1692.

Most bodies do not apprehend it, but the English cloister arrangement has two courts to which a being may accompany an action.19 The aboriginal is the courts of law. Here, a being may sue beneath the law for relief, as provided for by that law. The law courts are belted as to what antidote they may action a acknowledged complainant. Usually, reparations are alone in budgetary awards for the accident acquired by the respondent. The law may administer the attributes and bulk of the accolade as well. Angled courts are additionally courts of law and would be included beneath this designation.20

The courts of equity, on the added hand, accommodate alone specific remedies for the plaintiff adjoin the defendant. In our world, acting or abiding injunctions adjoin an ex-spouse are an archetype of a cardinal in a cloister of equity.21

There are adapted rules for ambidextrous with courts of equity. There is no jury; alone the adjudicator may apprehend a case in equity. There is additionally a abstraction alleged the apple-pie easily article in disinterestedness claims. This article confined claims in disinterestedness for plaintiffs that accept acted in an inappropriate or base manner.22

The Wizengamot appears to be both a cloister of law and a cloister of equity. The acumen it is a accumulated cloister may be simple expediency. It was apparently difficult to acquisition abundant able wizards accommodating to serve on one Wizengamot; award abundant for two would accept continued the basin of aptitude too thin.

The admeasurement of the Wizengamot offers an absorbing problem. It is too big to be an able administrative body. According to the literature, there are fifty associates of the Wizengamot.23 The Wizengamot is bulky at fifty people, because if they all accept to accede on a cardinal it would about consistently deadlock. Best countries accept beneath than 20 bodies in their “Supreme Court”. Fifty is a legislative-size group. I accept that the fifty is the accessible basin for a case. How the board were called would be an centralized aphorism of the Wizengamot. There would be instances area the absolute fifty would sit,24 but it would be in cases like the allegation of the President of the United States area the 100 associates of the Senate sit in judgment. It is accessible that the Wizengamot is the Aldermanic anatomy we accept not met and that they additionally accommodate administrative blank of the Ministry and the Wizarding World.

This is not as adopted an abstraction as it seems. The Star Chamber was an English cloister of law that grew from the King’s admiral in the Middle Ages and was abolished in 1641, aloof afore the break from the Muggle World.25 This cloister oversaw the lower courts and heard cases directly. The purpose of the Star Chamber was to accomplish the laws adjoin bodies so able that accustomed courts could never captive them of their crimes.26 The Chamber accomplished its acme beneath the Tudors, giving the acme acknowledged awning for things that would accept acquired an coup if brought directly. It is believable that the Wizengamot is a Star Chamber that was not angry to the King, but to Parliament or to the Prime Minister, empowered to accumulate wizards from committing crimes and artifice punishment. In the absence of absolute Parliamentary oversight, the Wizengamot became an adopted or appointed office, accouterment what little aldermanic ascendancy the Wizarding Apple requires.

Justice alfresco the Law

Once we leave the abuttals of acknowledged justice, we footfall into murkier waters. Booty the Adjustment of the Phoenix, for instance. They are acutely not allotment of the Ministry’s administration apparatus, and therefore, by definition, vigilantes. Actuality a vigilante in and of itself is not a crime, but the protections and assumptions accessible beneath the law to law administration cadre are not offered to vigilantes. If a affiliate of the Adjustment of the Phoenix asleep a Afterlife Eater, he could actual able-bodied acquisition himself answerable with murder.

The law makes no acumen amid the two groups. While we may anticipate that the Adjustment of the Phoenix is on the ancillary of right, a Afterlife Eater would appearance his ancillary as righteous. In his mind, the attacks on added wizards are aloof corruption for advancement adjoin the applicable aristocrat of Wizardkind. He is absolutely out of his gourd; but, in his mind, he is an apparatus of justice.

Conclusion

So, how do authority, law, and amends administer in the Wizarding World? The answer: abundant as they do in our world, occasionally at allowance with anniversary other, but in hopes of acting in concert.

Ms. Rowling acutely has a avant-garde faculty of wariness about government and knows that it is not infallible. She describes the Ministry for what any government bureau is ’ a accumulating of bodies abundantly aggravating to do the adapted affair with some acutely attractive out for themselves. She shows the backroom and the applause that consistently comedy a role with adeptness and how adeptness can base the aloof goals of any group. Bodies may catechism autograph characters that accidentally balk orders or laws, but I accept that her characters are accountable to adapted corruption if bent disobeying those laws. The characters accomplish their own ethical calculus and actuate whether they anticipate the accomplishment is account the accessible punishment. Alike characters who act foolishly do so in a address one would apprehend from 11 year-old boys, for example.

Finally, we see a fundamentally optimistic appearance in her writing. Ms. Rowling writes for us a apple area bodies absolutely affliction about accepting the answers right, about accomplishing the aloof thing, and authoritative the apple a bigger and safer place. It is that view, and the adumbrated advance for the alone clairvoyant to do the same, which is the absolute apotheosis of Authority, Law, and Amends in Harry Potter.

Works Cited

1. Rowling, J.K. Harry Potter and the Adjustment of the Phoenix. New York: Scholastic, 2003. p. 33.

2. Rowling, J.K. Harry Potter and the Half Blood Prince. New York: Scholastic, 2005. pp. 15-18.

3. Except any astrologer in the House of Commons of course. I would not apprehend Hogsmeade tohave its own district.

4. Rowling, J.K. Harry Potter and the Goblet of Fire. New York: Scholastic, 2000. pp. 77-78.

5. Rowling, J.K. Harry Potter and the Half Blood Prince. New York: Scholastic, 2005. p. 382.

6. Rowling, J.K. Harry Potter and the Goblet of Fire. New York: Scholastic, 2000. p. 56.

7. See, for archetype Rowling, J.K. Harry Potter and the Adjustment of the Phoenix. New York:Scholastic, 2003. p. 132.

8. Rowling, J.K. Harry Potter and the Chamber of Secrets. New York: Scholastic, 1999. Passim.

9. Rowling, J.K. Harry Potter and the Adjustment of the Phoenix. New York: Scholastic, 2003. Passim.

10. Ibid. p.139.

11. Ibid. p.138.

12. Ibid. p.851.

13. See, for example, Ibid., p.145.

14. See, for example, Ibid., p.624.

15. Ibid.

16. Rowling, J.K. Harry Potter and the Sorcerer’s Stone. New York: Scholastic, 1998. p.297

17. Rowling, J.K. Harry Potter and the Half Blood Prince. New York: Scholastic, 2005. p.523.

18. Davidenglish. “Things Kept Secret – The Parting of the Wizarding and Muggle Ways.”Scribbulus 2nd edition, 2006. /features/essays/issue2/ThingsKeptSecret.

19. Bauman, John A., York, Kenneth H., Bauman, John H. Gilbert Law Summaries: Remedies.New York: BarBri, 2003. pp.13-14.

20. Holmes, Oliver Wendell. Common Law: Lecture II The Angled Law. New York: Little,Brown and Co. 1881. p.1.

21. Bauman, John A., York, Kenneth H., Bauman, John H. Gilbert Law Summaries: Remedies.New York: BarBri, 2003. pp. 712-713.

22. Ibid. p.157.

23. Rowling, J.K. Harry Potter and the Adjustment of the Phoenix. New York: Scholastic, 2003. p. 138.

24. Ibid.

25. Scamander, Newt a.k.a. Rowling, J.K. Fantastic Beasts & Area To Acquisition Them. New York:Scholastic, 2001. p. XV.

26. Wikipedia. “Star Chamber”. 2006 http://en.wikipedia.org/wiki/Star_chamber.

Bibliography

Bauman, John A., York, Kenneth H., Bauman, John H. Gilbert Law Summaries: Remedies.New York: BarBri, 2003.

Davidenglish. “Things Kept Secret – The Parting of the Wizarding and Muggle Ways.”Scribbulus 2nd edition, 2006. /features/essays/issue2/ThingsKeptSecret.

Holmes, Oliver Wendell. Common Law: Lecture II The Angled Law. New York: Little,Brown and Co. 1881.

Rowling, J.K. Harry Potter and the Sorcerer’s Stone. New York: Scholastic, 1998.

”””. Harry Potter and the Chamber of Secrets. New York: Scholastic, 1999.

”””. Harry Potter and the Goblet of Fire. New York: Scholastic, 2000.

”””. Harry Potter and the Adjustment of the Phoenix. New York: Scholastic, 2003.

”””. Harry Potter and the Half Blood Prince. New York: Scholastic, 2005.

Scamander, Newt a.k.a. Rowling, J.K. Fantastic Beasts & Area to Acquisition Them. Vancouver,New York: Scholastic, 2001.

Wikipedia. Various. Wikipedia Encyclopedia. 2006 http://en.wikipedia.org.

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