Hogwarts: Atypical Slytherin
Chapter 58 Law
"My biggest trouble now is that if I am at home during the holidays, I will be completely separated from the practice of magic." It's the end of another semester. Clooney felt that if she followed the current progress, she would have more and more things to worry about. Although she also enjoys this feeling, the occasional feeling of shackles makes her unmotivated: since enrolling in school, even her native wandless magic is not allowed to be used during the holidays. Science in the Muggle world is also very interesting, but currently it is not as useful as magic. This convenient and mysterious little ability, once you get used to its existence, it is almost impossible to separate it from your life.
She is not worried about the exam at all now. Instead, she is counting on her fingers the days when she can continue to practice magic.
"In fact, we generally believe that the purpose of this law is only to restrict minors from using magic in the presence of Muggles." Hellas replied while rubbing her fingers over the cover of the leather-bound loose-leaf book she received last year. , "In fact, when we practice magic spells at home, we don't have this problem."
"Moreover, the traces are not that detailed. If there are wizards around, it will be impossible to tell whether a certain magic was released by an underage wizard or an adult wizard."
"So, the principle of the trace silk is that it can sense the magic around the person with the trace silk, but cannot distinguish the source of the magic?" Clooney said thoughtfully, "If there is no wizard around, you can determine This magic is released by myself. But if there are wizards around, there is no need to distinguish."
"So my initial guess is correct?" she asked. "If this law was just promulgated as a detail of the Statute of Secrecy, it would not be necessary for wizards from non-Muggle families. Worry about this."
Helles nodded.
Clowney thought of Mr. Green's claim that the secrecy act should be repealed. In his opinion, the law of secrecy is just a law designed to restrict the wizards themselves and protect non-wizard subjects. The basic education of wizards has been developing. He believes that the era of being controlled by others is over, and the legislative purpose of this kind of law no longer needs to be achieved through laws. Wizards are already above Muggles, and they are more Superior, why do you have to live like a rat in the gutter?
Looking back at the origins of law, almost all laws are proposed, passed, and finally come into effect only after conflicts arise. The background to the promulgation of the International Act of Magical Secrecy was the Salem Witch Trials in Massachusetts, USA. The Salem Witch Hunting allowed wizards to see the craziest side of Muggles: most of those on trial There were innocent Muggles and defenseless wizards, but the source of the incident was not magic. The culprit was simply a fungal infection in the Muggle world. These crazy Muggles carried out cruel and severe punishments on their own kind for no reason and no reason on the grounds that "this person is a rebellious wizard". Sent to the gallows.
Not to mention the vigorous witch-hunting operations in European countries before this, but the United States, as a country of immigrants, has actually followed this ignorant tradition, which makes all wizards shudder.
It is precisely because of this tragedy that the United States has become the country with the most stringent domestic laws and the most severe penalties derived from the "Secrecy Act" in the world.
With this background, Crowney can understand why the wizarding world wants to restrict wizards from using magic in front of Muggles. But it is obviously an extension of the British domestic "Secrecy Act" promulgated by the British Ministry of Magic in 1875. Its setting and content are a joke. Reasoning from a legal perspective, the promulgation of the "Reasonable Restraint of Minor Wizards Act" is simply stupid. Various provisions of this law are contradictory, and some passages and clauses even appear to be self-denial. If the legislation of the "Reasonable Restraint of Minor Wizards" is considered to be an extension of the Secrecy Law, then it only needs to be completely reaffirmed of the Secrecy Law and the supervisory responsibilities of guardians are added, and this can be achieved. And if we think that the "Law on the Reasonable Restraint of Minor Wizards" is a restriction on the rights of minor wizards, what is the basis for this restriction? As a public law, the purpose of legislation can only be to prevent the occurrence of certain violations of public interests and to punish the violations that have already occurred to achieve special preventive effects. However, this restriction on the behavior of minors cannot Lawney could not see any of the original intention of the legislator, and even as a reader, she could not decipher her own meaning.
Analysis from the perspective of legal provisions: Paragraph 1 of the law stipulates that it is a crime to intentionally use magic in Muggle residences and in front of Muggles; Article 2, paragraph 3, under special circumstances, underage wizards can Use magic in front of others; Article , Paragraph , special circumstances refer to . When the wizard himself is threatened by life, . When other wizards present are threatened by life, . When the lives of Muggles present are threatened... These items are related to confidentiality. There is a direct overlap between the two laws, and it can be tentatively considered that this is a restatement of the confidentiality law within the binding law. However, the regulations directly added restrictions on the rights of "minors are prohibited from using magic outside of school" without going through popular elections. There were no exceptions for the use of magic in the residence of a wizard or in front of a wizard. Although legal presumptions can be made by using heavy weights to show lightness, this obviously violates the most basic legal principles, and for the conduct that is considered a crime, the domestic law of secrecy does not cite the complete provisions of the criminal law of the wizarding world.
This law can be considered to be completely ancillary to the "Confidentiality Law", but this legislator without any legal training has added unreasonable restrictions on the content, making the administrative law directly restrict the rights of minors, and even Punish it.
From an implementation perspective, for some pure-blood or mixed-race families, this law is almost useless.
"Then there's actually no need for him to exist." Clooney said angrily.
But for her, the most important thing now is how to avoid the bad impact of this infringing and self-contradictory law on her.
"Most wizards now live with Muggles." Helles shook his head in distress, "Unless you have a guardian from the wizarding world, or you can prove that you are staying with adult wizards during the holidays, there is no way to do it. Your thoughts."
Clooney was extremely troubled: there was almost no precedent for staying in school at Hogwarts, and she didn't have nowhere to go. It just seemed unrealistic to go to war just to achieve magic learning. There is nothing she can do now.
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