The Body of Magical Law

Magical Law is the comprehensive system of rules, regulations, and statutes that governs the wizarding society in Great Britain and, by extension, the wider magical world. Its primary purpose is to maintain order within the magical community, regulate the use of magic, and, most critically, to uphold the International Statute of Secrecy by concealing the existence of magic from the non-magical population (Muggles). The legislative and executive authority for these laws primarily rests with the Ministry of Magic, while the highest judicial body is the Wizengamot. The body of law addresses everything from the use of specific spells to the rights and classifications of magical creatures.

The central governing body responsible for the creation and administration of magical law in Great Britain is the Ministry of Magic. Established in 1707, it replaced the earlier Wizards' Council. The Ministry is composed of various departments, with the Department of Magical Law Enforcement serving as a combination of police force and justice department. The supreme court of law is the Wizengamot, an ancient institution that predates the Ministry itself (Pottermore). It functions as both a high court and a parliament, presided over by the Chief Warlock or Witch. The full Wizengamot convenes for significant criminal trials, such as those of captured Death Eaters after the First Wizarding War, and for disciplinary hearings, like that of Harry Potter in 1995. A pivotal moment in the history of magical law was the signing of the International Statute of Secrecy in 1689, which was fully enacted in 1692. This international law was established to end the persecution of witches and wizards by Muggles (such as the Salem Witch Trials) by forcing the magical community into hiding. This statute remains the cornerstone of all magical law.

The legal framework of the wizarding world is built upon several foundational principles and laws that every witch and wizard is expected to follow.

• International Statute of Secrecy: The single most important law in the magical world. It strictly prohibits witches and wizards from performing magic in the presence of Muggles or in a manner that risks exposing the wizarding world. The Ministry of Magic employs specialized squads of Obliviators to erase the memories of Muggles who witness magic.
• Decree for the Reasonable Restriction of Underage Sorcery: This decree, passed in 1875, forbids witches and wizards under the age of seventeen from using magic outside of school. The Ministry enforces this using the Trace, a magical charm that detects magical activity around the underage individual. The Trace does not, however, identify the specific person performing the magic.
• Laws on Magical Creatures: A complex set of regulations governs the ownership, breeding, and treatment of magical creatures. The Department for the Regulation and Control of Magical Creatures oversees these laws. Key statutes include the Ban on Experimental Breeding (1965), which outlawed the creation of new species like the Blast-Ended Skrewt, and strict classifications that make owning dangerous creatures like dragons, Manticores, or Acromantulas illegal.
• Prohibition of the Unforgivable Curses: The use of any of the three Unforgivable Curses—the Killing Curse (Avada Kedavra), the Cruciatus Curse (Crucio), and the Imperius Curse (Imperio)—on a fellow human being is strictly illegal. The standard punishment upon conviction is a life sentence in Azkaban.

• Enforcement: The Department of Magical Law Enforcement is the primary body responsible for upholding the law. It contains several key offices:
  • The Auror Office: A unit of elite, highly-trained wizards who investigate Dark Magic and hunt Dark wizards.
  • The Improper Use of Magic Office: Responsible for investigating offenses such as violations of the Decree for the Reasonable Restriction of Underage Sorcery.
  • The Misuse of Muggle Artefacts Office: Regulates the enchanting of Muggle objects to prevent them from causing harm or breaching the Statute of Secrecy.
• Judiciary: Trials for serious crimes are conducted before the Wizengamot. These proceedings can range from full criminal trials in the dungeons of the Ministry to smaller disciplinary hearings. The use of truth potions like Veritaserum and testimonial memories viewed in a Pensieve have been part of past trials. Punishments vary from fines to imprisonment in the fortress of Azkaban, which was historically guarded by Dementors. The most extreme punishment is the Dementor's Kiss, which removes a person's soul. For lesser offenses or accidental magic, a formal warning may be issued. In extreme cases, a wizard's wand can be snapped, forbidding them from practicing magic legally, as happened to Rubeus Hagrid.

While many laws are long-standing, the Ministry of Magic can issue new decrees, particularly during times of crisis or political upheaval.

• Educational Decrees: During the 1995-1996 school year, Dolores Umbridge, in her capacity as Hogwarts High Inquisitor, issued over two dozen Educational Decrees. These laws systematically stripped Albus Dumbledore of his authority and granted the Ministry unprecedented control over Hogwarts School of Witchcraft and Wizardry.
• Wartime Authorizations: During the First Wizarding War, Barty Crouch Sr. authorized Aurors to use the Unforgivable Curses against suspected Death Eaters to aid in their capture.
• Muggle-Born Registration Commission: Under the control of Lord Voldemort, the Ministry established this commission, led by Dolores Umbridge. It enforced a tyrannical law that forced witches and wizards of non-magical parentage (Muggle-borns) to register with the Ministry, falsely accusing them of having “stolen” magic and subjecting them to imprisonment.

British magical law operates within a framework of international cooperation, primarily through the International Confederation of Wizards. This body helps to coordinate global policy, such as the worldwide enforcement of the Statute of Secrecy and the regulation of global events like the Triwizard Tournament. While core principles like secrecy are shared, specific laws can differ between countries. For example, the laws concerning Animagi registration and wand permits vary internationally (Pottermore).

• J.K. Rowling has stated that the Wizengamot predates the Ministry of Magic, originating as an ancient council of witches and wizards that served as a precursor to the modern magical government (Pottermore).
• In the film adaptation of Harry Potter and the Order of the Phoenix, Harry Potter's disciplinary hearing is held in the main Wizengamot courtroom, whereas in the novel it takes place in Amelia Bones's smaller office before being moved to the dungeon courtroom.
• The theme of legal fallibility and corruption is central to the series. The Ministry of Magic is often depicted as bureaucratic, inefficient, and susceptible to political pressure and infiltration by dark forces, questioning whether its laws truly serve justice or simply the interests of those in power.