Magic And The Law
by LegalEagle
by Stephen Kenson
Artwork by Brian McDevitt
Magic and the law. In the eyes of a lawmaker there are few things in this world that are less compatible. Magic may claim to have its own internal logic and set of rules, and magicians may operate according to some arcane code or laws within their own associations but as far as the law of the land is concerned, magic is a force of Chaos incarnate and I don't know a single lawyer, judge or lawmaker who doesn't cringe a little bit at the mention of dealing with it. The problem lies in the very nature of the way magic and magicians work, ideas that make many of the day-to-day experiences and activities of magicians problematic from a legal standpoint. The law, as an institution, is based on control. Control of people's actions in order to protect sociery from itself. The law says that it is wrong for you to simply gun down someone in the street and that society will punish you for it. This limits your freedom to kill whomever you want, but it also protects you from having someone else who doesn't like how you're dressed from giving you a .45 caliber opinion on the matter. (Keep in mind that I'm talking about an ideal model here. I know that people can and do gun each other down on the streets all of the time, but it's the idea that the law allows us to control it that I'm speaking of here.) Some of the latest fashions from the Spring shows in Paris have shown just how stylish magic can be for you. Now magic, on the other hand, is predicated on being free from control. Magicians are very self determining individuals who strongly value personal freedom. Magical training is intended to teach a fledgling magician to free themselves from being bound by mundanities with parables in which the magician is required only to follow the dictates of his or her, inner self or karma or destiny or whatever. Add to this the fact that the only effective means of policing and controlling magic is by magicians. Magical manifestations (like spells and spirits) are best dealt with by magicians, and so the magical community is required to be selfpolicing. If lawmakers wish to make a ruling on some magical phenomena, they must rely heavily on the opinions of the very people whose cases they are deciding. Lastly, magic is a subjective and largely immaterial phenomenon that cannot be seen or measured by mundane, objective means. Magic is knowledge, and history teaches us that knowledge is notoriously difficult to control, contain or legislate. Magic relies almost entirely on first-hand testimony of subjective experiences, testimony that can and must be thoroughly questioned and crossexamined before any court can accept it as valid. All of these things combine to form the tangled legal maze of rulings regarding magic since the first manifestations in the early part of this century. Some judges actually thought they'd be clever and resorted to laws that had been on the books for centuries, ancient outdated witch-trial rulings and even codes of ancient cultures that believed in magic. It is difficult to keep a straight face when debating the legal value of some of the precedents laid down by the Salem Witch Trials, and many in the magical community took strong offense at these materials being the basis for a new body of law concerning them. For the most part, entirely new precedents and laws were needed, which meant a long and slow process of hammering out legal definitions of the many and varied aspects of magic and deciding how magic would be controlled and how that control would be administered and so forth. Magically sawy or magically-active lawyers made their fortunes riding the crest of this new trend in law, fighting and winning numerous ground-breaking cases in the courts of the UCAS, CAS, California and the Native American Nations. The sheer body of material on magical law would fill a terapulse database -- far too much to go into here. Broadly speaking, magic is governed by the same basic laws of the land as everything else. It's just as illegal to kill someone with a spell as with a gun. Defrauding someone through illusion is the same as defrauding them with false advertising, etc. In many cases, there has been a need to define new crimes to fit the new abilities that magic has introduced to the world. United States vs. Robeill, for example, established that magically seizing control of another's mind was a violation of that individual's rights akin to rape and established the category of "magical assault" crimes, including the use of ritual sorcery against an unsuspecting victim.
If Lone Star got a tenth-yen for every panicked call they got from someone who thought
they were being attacked with ritual sorcery, they'd double their annual profits.
Truth is if a magician has it in for you and you don't have any magical help on your side, you're hosed. Totally fraggin' hosed. The Lone Star dips aren't going to get involved in the case until the post-mortem investigation, which will bring the victim a lot of comfort, I'm sure.
Fortunately such incidents are very rare; at
least on a personal scale. Ritual sorcery tends to
be used for bigger things than simple vendettas.
If I had to choose the most involved legal issue spawned by magic it would be the existence of spirits. The legal issues that spirits raise are numerous and tangled. Are spirits sentient, freewilled beings? Is binding them into a magician's service slavery? Can they testify and offer evidence in court? What exactly are they, legally speaking ? Generally, most legal systems have chosen to define spirits as extensions of the magician that summoned them. For legal purposes, spirits are no more than complex spells operating under the command of a magician. They have no free will or independent existence, and their summoner is responsible for all of the spirit's actions. This decision is by no means universally accepted, and there are many factions that would like to see it changed. The question of so~called "free" spirits that are sentient beings with free will of their own had proven a more difficult one. These spirits are independent of any summoner and many of them deny even being summoned into this world by a magician at all. Most legal systems have sidestepped the issue of free spirits by claiming that since these spirits do not have legal System Identification Numbers, the government is not required to recognize their legal existence. The attempts of several spirits to bypass this restriction have been thwarted by a requirement for biological samples that the spirits are unable to provide.
BZZZZT! I'm sorry, our judges cannot accept your answer, but we have some lovely parting gifts
for you. Thank you for playing. Spirits are not just spells in the Everyday World or bundles of energy -- any more than we are, anyway. I've talked to spirits and interacted with them enough to know that they're living things, not magical computer programs, and I'm a mundane!
Spirits as living, intelligent beings poses all sorts of legal problems. Putting aside the fact that it's difficult to prove that a spirit is a sentient being, if everyone treats
spirits like individuals it becomes questionable for magicians to magically command them. I'm personally waiting for a free spirit to take a summoer to court and charge them with slavery. I suspect that it's only the fact that spirits don't have SINs that has prevented it from happening so far. Far simpler for all concerned to simply assume that spirits aren't sentient beings, at least legally.
There's a free spirit in DeeCee that is campaign for spirit rights. With the UCAS summit, getting one on the books that recognizes spirits as sentient beings. There's also a movement in the U.N. to have any spirits decreed sentient, but that's dead in the water last I heard
of it.
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