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Magical law, magical legal theory, or magical jurisprudence refers to the body of legal principles, concepts, statutes, and judicial practices that govern the prosecution of magical practices. Historically, magical law has been closely associated with the persecution of individuals accused of witchcraft, sorcery, or other supernatural activities.[1] While these laws have often been based on religious, cultural, and societal beliefs rather than empirical evidence, they have played a significant role in shaping the legal and social histories of many societies.
Historical background
editThe origins of magical law can be traced back to ancient civilizations where magic and religion were intertwined. In ancient Mesopotamia, Egypt, Greece, and Rome, laws existed to regulate magical practices.[2] For example, the Code of Hammurabi, one of the earliest known legal codes, included provisions against sorcery.[3]
However, the most prominent period of magical law emerged during the late medieval and early modern periods in Europe.[4] This era saw the rise of anti-witchcraft laws, culminating in the infamous witch hunts between the 15th and 18th centuries. The belief that certain individuals, often women, could wield supernatural powers to harm others or to consort with evil forces led to widespread panic and persecution.
Decline of magical law in the West
editWith the Enlightenment and the rise of rationalism, belief in witchcraft and the legal persecution of witches began to decline. By the 18th and 19th centuries, most European countries had repealed their anti-witchcraft laws. However, the legacy of magical law persists in various ways. In some parts of the world, accusations of witchcraft continue to result in violence and persecution, even if not formally sanctioned by the legal system.[5]
Contemporary scholars in fields such as legal history, anthropology, and religious studies continue to examine the role of magical law in shaping societal attitudes toward belief systems that are considered non-normative. The study of magical law also intersects with critical legal theory, particularly in discussions about the ways in which legal systems enforce social norms and marginalize certain groups.
Pretext dispossession
editPretext dispossession is a legal and social phenomenon in which accusations of witchcraft or similar charges are employed as a pretext to dispossess an individual or group of their property, typically land.[6] This concept is most often observed in historical contexts, particularly during periods of intense social, religious, or economic conflict, where accusations of witchcraft served as a convenient means to resolve disputes in favor of the accuser.
See also
editReferences
edit- ^ Gurvitch, Georges (1942). "Magic and Law". Social Research. 9 (1): 104–122. ISSN 0037-783X. JSTOR 40981835.
- ^ Pharr, Clyde (1932). "The Interdiction of Magic in Roman Law". Transactions and Proceedings of the American Philological Association. 63: 269–295. doi:10.2307/283219. ISSN 0065-9711. JSTOR 283219.
- ^ Sampey, John R. (July 1904). "The Code of Hammurabi and the Laws of Moses. II". Baptist Review and Expositor. 1 (2): 233–243. doi:10.1177/003463730400100207. ISSN 0190-5856.
- ^ Whitney, Elspeth (1995). "The Witch "She"/The Historian "He": Gender and the Historiography of the European Witch-Hunts". Journal of Women's History. 7 (3): 77–101. doi:10.1353/jowh.2010.0511. ISSN 1527-2036.
- ^ Koning, Niek (2013-06-01). "Witchcraft Beliefs and Witch Hunts". Human Nature. 24 (2): 158–181. doi:10.1007/s12110-013-9164-1. ISSN 1936-4776.
- ^ "Border Disputes". Salem Witch Museum. Retrieved 2024-08-31.
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