3. Harry Potter goes to law school

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TheLaw andHarry Potter
Edited by
Jeffrey E. Thomas
Franklin G. Snyder
CAROLINA ACADEMIC PRESS
Durham. North Carolina

Copyright © 20 I 0
Jeffrey
E. Thomas
Franklin
G. Snyder
All Rights Reserved
Library
of Congress Cataloging-in-Publication Data
The lawand Harry Potter
I[edited by]Jeffrey E. Thomas andFranklin G.
Snyder.
p. em.
Includes bibliographical references.
ISBN 978-1-59460-645-8 (alI<. paper)
I. Rowling, J.K.--Criticismandinterpretation. 2. Rowling, J.K.--Charac­
ters--Harry Potter.
3. Potter, Harry (Fictitiouscharacter) 4. Lawinliterature.
5. Magic inliterature. 6. Wizards inliterature. I.Thomas, Jeffrey E. II.Sny­
der, Franklin
G. III.Title.
PR6068.093Z75652010 823' .914--dc22
2009041207
CarolinaAcademic Press
700Kent Street
Durham, NorthCarolina 27701
Telephone (919)489-7486
Fax (919)493-5668
www.cap-press.com
Printed inthe United States of America
.....
Contents
Preface
Part I
Legal
Traditions and Institutions
What Role Need LawPlay in aSociety withMagic?
John Gava &Jeannie MariePaterson
Bats
and Gemots: Anglo-Saxon LegalReferences in Harry Potter
Susan P.Liemer
Harry Potter and the Half-Crazed Bureaucracy
Benjamin H. Barton
MoralChoice, Wizardry, Law and Liberty:AClassical Liberal
Reading
of the Role of Law inthe Harry Potter Series
Andrew PMorriss
Part II
Crimes and Punishments
Harry Potter and theUnforgivable Curses
AaronSchwabach
SiriusBlack: ACase Study in Actual Innocence
Geoffrey Christopher Rapp
The Persecution of TomRiddle: AStudy in Human Rights Law
Geoffrey R.Watson
Punishment in the Harry Potter Novels
Joel Fishman
Part III
Harry Potter and Identity
Hogwarts, the Family, and theState: Forging Identity and
Virtue in Harry Potter
Danaya C. Wright
v
Vll
3
19
33
49
67
91
103
119
13t

VI Contents
Harry PotterandtheDevelopment
of Moral Judgment inChildren 149
Wendy N. Law &Anna K. Teller
Harry PotterandtheCurse of Difference 167
Benjamin Loffredo
When HarryMetMartin: Imagination, Imageryand the ColorLine 179
Benjamin G. Davis
Harry PotterandtheImage of God: HowHouse-Elves CanHelp
Us to Understand theDignity of thePerson 189
Alison McMorran Sulentic
Part IV
The Wizard Economy
Economic Growth inthe Potterian Economy 211
AvichaiSnir & DanielLevy
TheMagic of Money andBanking 237
Eric f.Gauvin
Gringotts: The Role of BanksinHarry Potter's Wizarding World 261
HeidiMandanis Schooner
PartV
Harry Potter
as anArchetype
Harry Potter
Goes to Law School 275
Lenora Ledwon
Which Spell:Learning to Think Lilee aWizard 293
Mary Beth Beazley
Harry Potter as ClientinaLawsuit: Utilizing theArchetypal Hero's
Journey
as Part of Case Strategy 307
Ruth Anne Robbins
WhoWants to Be aMuggle? TheDiminished Legitimacy
of Law as Magic 333
MarkEdwin Burge
Agents of theGood, Servants of Evil: HarryPotter and
the
Law of Agency 349
Daniel S. Kleinberger
Professor Dumbledore's Wisdomand Advice 365
Darby Dickerson
Contributors 383
Index 389

HarryPotter Goesto Law School
Lenora Ledwon
"It isour choices, Harry, that show us what we truly are, far more than
our abilities."
-Professor Dumbledore'
Law students read Harry Potter.'Theyreadabout himinbetween reading
cases, statutes, codes,
and othertextsfilled withmagical words.(Sometimes
they read about
him instead of reading cases,statutes andcodes.) Hogwarts
School
of Witchcraft andWizardry looksverymuch likeaHarvard Law School
for wizards, aschool wherestudents learnthesecrets of magic words of power.
Both types
of schools offerexplicit andimplicit lessonsaboutpower, itsac­
quisition, anditsuses. Education offersstudent wizards and
student lawyers
alike thetools tobecome forcesforevil or good inthe world.
Like all great novels of development, theHarry Potter stories askone cen­
tral question, "HowshallIlive inthe world, forgood
or for ill?" This isan
often unspoken questioninlaw school, whereconcerns aboutgrades, jobsand
salaries can
all tooeasily takeprecedence. Yet, itisonelawstudents mustface.
What kind
of practitioner willIbecome? WherewillIseek thekind of "fierce
JOy" that Harry findsinhis Seeker role?And, mostimportantly, whatwillI
choose todo with thispower I
am acquiring?
This chapter explores theimplications
of thesimilarities betweenlawschool
and wizard schoolbyfocusing on the topics of: (1)students; (2)professors; (3)
studying andexams; and(4)academic culture.1conclude thattheseries
of
Harry Potter books canberead collectively as oneoverarching bildungsroman
(or novel
of development) andthat thisprocess of development isvery simi-
1.Chamber ofSecrets 333.
2. The Chronicle ofHigher Education, inits periodic surveys ofthe top ten books being
read on college campuses, consistently lists Harry Potter books. My owninformal polls of
students inmy Law and Literature coursesconfirm that Rawling's books are quite popular
arnong law students.
275

276 Harry Potter Goes to LawSchool
lar tothe process lawstudents followinlearning to"think likealawyer" dur­
ing their three years
of law schoo1.' Knowledge ispower inthe most literal
sense inthe world
of Hogwarts, andinthe world of law school, as well. Stu­
dents atHogwarts areselected foranelite education (althoughtheacceptance
letter arrives byowl, rather thanordinary mail).They
face atough curriculum,
grueling examinations,
and terrifying andlor boringteachers. (Snape isthe
frighteningly cruelSocratic teacherwholives tohumiliate students.Professor
McGonagall
isthat favorite teacherwho isfirm but fair.)Harry andhisfriends
must negotiate theprocess
of becoming moreandmore powerful atthe same
time theyarefeeling powerless
as"lowly" students withinthehierarchy of the
educational institution.Forlawstudents inparticular, there
isaprofound res­
onance tothe
Harry Potter stories.
Student Lawyers andStudent Wizards
Sorting Out Ordinary and Extraordinary
Students-Am ISupposed to Be Here?
Rawling's booksfollow inthe popular literarytradition of the19th-century
British schoolstory.' (Traditionally, suchstories followthesocial, educational,
and moralprogress of ayoung boyataBritish "public" boarding school.)But
there
isanother, morerecent type of school storywhich also ispertinent to
understanding theHarry Potter series: thelaw school story.Whether it
istold
as anovel (John layOsborn, Ir.'s The Paper Chase) or as amemoir (ScottTur­
row's
One L), the law school storyexplores lawstudent lifeand thechallenges
of legal education.sln lawschool stories, just as inthe British publicschool story,
3. Abildungsroman isanovel ofdevelopment, astory tracing theformation ofahero
or heroine through childhood toadolescence toyoung adulthood. Famousexamples in·
dude Goethe's Wilhelm Meister andDickens' David Copperfield. CHRIS BALDICK, OXFORlJ
CONClSE DICTIONARY OF LITERARY TERMS 27 (2004). See generally JEROME BUCKLEY,SEA­
SON OF YOUTH: THE BILDUNGSROMAN FROM DICKENS TO GOLDING (1974).
4.The most famous example isThomas Hughes'1857novel, Tom Brown's Schooldays.
See generally BEVERLY LYON CLARK, REGENDERING THE SCHOOLSTORY:SASSYSISSIES AND
TATTLING TOMBOYS
(1996); ISABELQUIGLY, THE HEIRS OF TOM BROWN (1982). For an ex­
cellentdiscussion of howtheHarry Potter stories fitintotheschool storygenre, see Karen
Manners Smith, Harry Potter's Schooldays: ].K. Rowling and the British Boarding School Novel,
inREADING HARRY POTTER: CRITICAL ESSAYS 69 (Giselle Liza Anatol ed.,2003).
5. See, e.g., JOHN JAY OSBORN, JR., THE PAPER CHASE (1971); SCOTT TURROW, ONE L
(1977). These two are themost well-known lawschool stories, butthegenre continues.

nan yrUller \..;Jues LU Law ,)cnOOl "II
thereader follows thedevelopment of theprotagonist as he(and theprotag­
onist typically hasbeen a"he") encounters terrifyingly strictteachers, takes
part inexhilarating schoolcompetitions, worksthrough massiveamounts
of
homework, andmakes friends and foes amonghisclassmates. Harry'sepic
story, spread acrossacourse
of intensive studylasting years,reflects many of
thesame fears, hardships andtriumphs thatlawstudents face during their
time
in law school. Law school and wizardschoolalikeareprocess-oriented.
Students movethrough aprocess
of early self-doubts andanxieties, to agrow­
ing knowledge thatnot
all theanswers areinbooks, and to aconfidence not
only intheir abilities
to think likelawyers/think likewizards butalso a self­
confidence intrusting themselves to maketheright choices.
When Harryfirstlearns thathehas been accepted intoHogwarts, hewor­
ries, likemany anew
law student, thatthere hasbeen ahorrible mistake. "A
wizard?Him?Howcould hepossibly be?'" He also frequently wondersifthe
Sorting Hatputhim inthe correct
house-should hebeinSlytherin instead
of Gryffindor' Similarly,many law studentssecretlyworrythatthey will be
uncovered
as imposters-could they really begood enough to compete with
all theother obviously brightandtalented students?
While theSorting Hatsorts students intoone
of four houses basedon
abilities (Gryffindor forthe brave, Ravenclaw forthe bright, Slytherin for
the ambitious andHufflepuff forthe hard-working), lawschools sortstu­
dents inmany ways.
We sort our students beforetheyareaccepted intolaw
school (onthebasis
of undergraduate grades, L.S.A.T. scores,applicant es­
says, etc.)andalso once theyareinlaw school (onthebasis of course grades,
classrank, membership inthe Law Review, MootCourt competitions, and
thelike). Law school admissions committees sometimescanbephilosoph­
ically morelikeHelga Hufflepuff (depending onthe school's missionstate­
ment andcommitment tohard work anddiversity)
or more likeRowena
Ravenclaw (totallyfocused ongrades and
L.S.A.T. scores). Thesorting process
in law schools isnotunproblematic, for grades are not perfect reflections of
ability.Additionally, toomuch sorting andemphasis ongrades cancreate
a debilitating, cut-throatatmosphere oncampus. TheSorting
Hat warns
of thedivisive dangers of unbridled rivalry,inthe song itsings in TheOrder
of thePhoenix (which couldbere-titled, "Lament of theAdmissions Com­
mittee"):
See, e.g., RICHARD KAHLENBERG, BROKENCONTRACT: AMEMOIR OF HARVARD LAW SCHOOL
(1992).
6. Sorcerer's Stone 57.

278 Harry Potter Goes to LawSchool
Listen closely to my song:
Though condemned [am to split you
Still Iworry thatit'swrong.
Though I
must fulfill my duty
And must quartereveryyear
Still [wonder whether sorting
May notbring theend [fear.'
Law students arealready apretty competitive bunch,andthesorting process
that starts withlawschool admissions andcontinues throughout
all threeyears
of lawschool canprovoke as intense rivalries amongstudents jostlingfortop
positions
as any of those we see between Gryffindor andSlytherin.
Of Gunners and Gut Courses
Harry andRon begin asrather average students. (Harry'sgrowingskill 111
DefenseAgainsttheDark Artsseems moreinnate thangained bystudying,
and Ron frequently relies on copyingHermione's notes.)Hermione, however,
isdearlyagunner fromdayone. "Gunners," inlaw student parlance, arethose
partly despised
and partlyfeared students whoconstantly raisetheir hands to
every question theteacher asksandwho have over-prepared foreach ande"ery
class. (This
isthekind of student who,inaContracts dass,asks,"Professor,
in this 19th-century case
about sheep-shearing citedinfootnote 23,what ef­
fect didtheexchange ratehave onthe breach of thewool delivery?")
Interestingly, Hermioneseemstobe the
only gunner in the school. (She rarely
has any competition inher dasses, andshedearly
isthemost hard-working
student.) This
isquitedifferent fromlawschools, whereanygiven dassmight
have anynumber
of gunners shooting theirhands upinto theairatevery op­
portunity.
As a result of the prevalence of gunners, one popular game we used
toplay inlaw school was "Gunner Bingo." You would fill out abingo cardwith
the names
of thegunners inyour class, and eachtimeonespoke youchecked
off his
or her name. Then,youhad toraise your ownhand andwork the word
"bingo" intoyour answer to the professor. ("Professor, once you prove offer, ac­
ceptance, andconsideration, then Bingo, you have anenforceable contract!") Gun­
nerBingo required alarge dasswithagood number of gunners, but we never
had ashortage. Hermione appearstobe the solitary gunneratHogwarts.
Hermione woulddo
well inlaw school. UnlikeHarryandRon, she lives and
breathes herstudies. Hermione
iscompletely focused on learning,and very
7. Order of'ile Piloenix206.

Harry PotterGoestoLaw School 27~
well-organized. Shedraws upstrict study schedules andcolor codes hernotes.
(Iremember beingcompletely intimidated byseeing afriend's color-coded
looseleaf binder
of notestaken during our CivilProcedure classinlaw school.
Her notes werealmost
as lengthy as our casebook.) We learn in The Prisoner of
Azkaban thatHermione evenstudies onvacation. Andtotop itoff, shetakes
"Muggle Studies"
as acourse, despitebeingMuggle-born, becauseshethinks
it
will be interesting tostudy Muggles fromthewizarding point of view.
Hogwartsstudentsconsider MuggleStudiesaneasy course (a "gut" course),
ascompared toadifficult coursesuch as Potions. Perhaps the lawschool equiv­
alent
of Muggle Studieswouldbeacourse on Harry Potter andthe Law-at
least, that is, untilthestudents realizedwhattheywere getting into.Taxation
might bethe equivalent
of Potions, as faraslegendarily difficultcourses go.
Thefirstyear students atHogwarts don'thavemuch choice intheir courses,
just
as first year lawstudents usuallyhavetotake arequired schedule. While
Hogwarts studentswillbetaking suchcourses
as Potions, Transfiguration, and
Defense AgainsttheDark Arts, firstyear lawstudents willbetaking Contracts,
Civil Procedure, LegalWriting, Torts,
and thelike. It isnot until aftertheir
first year thatlawstudents getsome choice intheir courses, andeven then they
still have a
number of required coursestotake.
Friendships
Law school education isaform of initiation (intothemysteries of thelaw),
and arite
of passage (perilous andexhilarating). Strongbondsareforged under
such
conditions, not unlike the bond formed between Harry,Ron,and
Hermione: "Therearesome things youcan't share without endingupliking each
other, andknocking
out atwelve-foot mountaintroll isone of them."8Simi­
larly, lawstudent friendships, formedinthe camaraderie
of late-night study­
ing and tough classes, canbedeep andlong-lasting. Somefriendships ripeninto
marriage, andsome intothatother closerelationship, thelaw partnership.
Professors
Socratic Teaching andLearning by Doing
Inafamous scenefromthefilm version of The Paper Chase, theintimidat­
ing Professor Kingsfield (playedbyJohn Houseman) humiliatesalaw student
8. Sorcerer'j Stone 179.

280 Harry PotterGoestoLaw School
by handing himadime infront
of the whole class and telling him"Call your
mother. Tellherthere isserious doubt about your becoming alawyer."9 Snape
would give Kingsfie1d arun forhis money inthe "Humiliating YourStudents
Olympics:' Hefrequently insults
and embarrasses studentsinfront of their
peers. While someteachers areencouraging (ProfessorSprout,forexample,
ishappy toaward points forgood answers), Snapedisplays asadistic delight
in taking points away
and inteaching throughintimidation. Snape isperhaps
the nightmare versionofthe Socratic professor. TheSocratic Method
islegendary
as thetraditional techniquefor law schoolteaching. Underthismethod, the
professor (likeSocrates) engagesinaline
of directed questioning withthestu­
dents, hoping toencourage themtothink through difficultproblems analyt­
ically. Inits worst form, itcan beatool forhumiliation, whereateacher with
a great deal
of knowledge hidestheball from astudent withlesser knowledge.
Snape playssuchagame withavengeance. Heconstantly asksHarry ques­
tions towhich
Harry can't possibly knowtheanswer. Snapeabuses theSo­
cratic Method. Forexample, hebrings Neville neartears, criticizing hisefforts
at potion making: "Tellme,boy, does anything penetrate thatthick skull
of
yours? Didn't youhear me say, quite clearly, thatonly oneratspleen was
needed?"
10Such behavior wouldclearly bebeyond thepale intoday's law school
classroom, andwould probably resultinstudent protests tothe dean.
But what teacher hasn'tsecretly wishedatsome timeoranother
to behave
as Professor Moodydoesinturning Dracointoaferret and bouncing him
about (topunish himforattacking
Harry when Harry's backwasturned)?
When Professor McGonagall asksMoody whatexactly he
isdoing,Moodyan­
swerstersely, uTeaching."11 It's not Socratic, but itisindeed apriceless teach­
ingmoment. (You can betMalfoy willnever forget it.)
Significantly, almost
all of theteachers atHogwarts usesome form of prac­
tical application intheir teaching. Theoneexception seemstobe the History
of Magic teacher, whosesoletechnique isthelecture. He isso boringandhis
routine
isso set, heactually died but didn'tnotice, andhisghost simply got
up
to teach one day. Rawling's description of atypical History of Magicclass
must sound familiar tomany aweary lawstudent: "Professor Binnsopened
his notes
and began toread inaflat drone likeanold vacuum cleaneruntil
nearly everyone
in theclass wasinadeep stupor, occasionally comingtolong
enough tocopy down aname ordate, thenfalling asleepagain.""
9. THE PAPER CHASE (Twentieth Century Fox Film Corp. 1973).
10. Prisoner ofAzkaban 125-26.
II. Goblet ofFire 206.
12. Chamber ofSecrets 148.

Harry Yotter Goes W Law ~cnOOl ''0'
Aside fromProfessor Binns,everyone else teaches byhaving thestudents
actually putthelesson intopractice. Thus,Professor Trelawney hasthestu­
dents interpret thepatterns
in tealeaves. Professor Lupinhasthestudents put
away theirbooks andusetheir wands toface aboggart. Professor McGona­
gall hasthem transfigure objects(abeetle intoabutton, or a mouse intoa
snuffbox, forexample).
The use
of practical applications of knowledge issomething law students
do inclinical courses. Most law schoolsofferopportunities forsecond orthird
ear law students to work in alegal clinic under thesupervision of an attor­
ney. (Examples of possible clinicsmightinclude achild advocacy clinic,ado­
mestic violence clinic,animmigration clinic,ataxation orbankruptcy clinic,
an environmental lawclinic, apoverty law clinic, andthelike.)
The infamous McCrateReport,published bythe American BarAssociation
in 1992, heavily criticized law schools forplacing toomuch emphasis onthe­
ory and toolittle onskills training.
13(Undoubtedly, anycourse thatfocused on
something likeHarry Potterandthe
Law would bethe first togo, under the
Report.) Inthe world
of Hogwarts, all the weights are on theMcCrate side of
thebalance scale.That is, itisonlyevilteachers (such as thedespicable Pro­
fessor Umbridge) whowant tofocus
on theory atthe expense of practice. In­
deed, thestudents aregreatly outraged in
TheOrder of thePhoenix when
Umbridge writeshercourse aims
on theboard forDefense AgainsttheDark
Arts, andtheaims arepurely theoretical.
Hogwarts students,justlike
law students, showagreat enthusiasm forteach­
ers who have been practitioners. There isnothingthatbeats themystique of
real lifeexperience. Considerthefollowing remarksinresponse toHarry's
question aboutwhatProfessor Moody
islike as ateacher:
"Fred, George, and
Lee exchanged looksfull of meaning.
'Never hadalesson likeit:said Fred.
(He knows, mao,' saidLee.
'Knows what?'saidRon, leaning forward.
'Knows whatit's
like tobe out there doing it:said George impressively.
'Doing what?'saidHarry.
'Fighting theDark Arts:saidFred.
'He's seenitall: said George.""
13. AM. BAR ASS'N, SECTION ON LEGAL Eoue. AND ADMISSION TO THE BAR, LEGAL ED­
UCATION AND PROFESSIONAL DEVELOPMENT-AN EDUCATIONAL CONTINUUM: REPORT OF
THE TASK FORCE ONLAW SCHOOLS AND THE PROFESSION: NARROWING THE GAP (1992).
14. Goblet ofFire 208.

282 Harry Potter GoestoLaw School
A very special type
of practitioner isthecelebrity lawyer.(Celebrity pro­
fessors,alas,are far less common.) Thecelebrity lawyer isatype seen at many
law schools. This issomeone whotypically comesintoteach aspecialized sem­
inar forasemester
or two. Theadministration hopestoadd acertain cachet
to the school (andpossibly giveabounce tothe school's reputation). Celebrity
lawyers areamixed lot,
but onething theyhave in common-they willal­
ways assign theirownbooks. Thus,Gilderoy Lockhart isnoexception inas­
signing allseven
of his books (everything from Breakwith aBanshee to Year
withthe Yeti) in TheChamber of Secrets.
Finally, one of themost interesting teachersHarryhas isnot evenahuman,
but a centaur. Firenzeseemstobe avery postmodern teacher(andperhaps a
bit
of a Critical LegalStudies personatheart inhis disavowal of any tran­
scendent system
of knowledge):
It
was the most unusual lessonHarryhadever attended. Theydidin­
deed
burn sage andmallowsweet there ontheclassroom floor,and
Firenze toldthem tolook forcertain shapesandsymbols inthe
pun­
gent fumes, butheseemed perfectly unconcerned thatnotone of them
could
see any of the signs hedescribed, tellingthemthathumans were
hardly evergood atthis, thatittook centaurs yearsandyears tobe­
come competent, andfinished bytelling themthatit
was foolish to put
toomuch faithinsuch things anyway, becauseevencentaurs some­
times read themwrongly. Hewas nothing likeany human teacher
Harry hadever had. Hispriority did
not seemtobe toteach them
what heknew,
but rather toimpress upon them thatnothing, not
even centaurs' knowledge, was foolproof. 15
Studying and Exams
Books and OtherSources of Knowledge
ScottTurrow famously described theprocess of reading casesduring law
school studies as "likestirring concrete withmy eyelashes."" Grinding away
at studies isone of thegivens of law school education, and of awizard's edu­
cation,too.Trying tomaster theinfamously difficultRuleAgainst Perpetu­
ities (from Property
class in law school) isonapar with mastering the fiendisWy
difficultrecipeforPoly juice Potion.
15. Order ofthePhoenix 603-04.
16. -fuRROW, supra note 5.at31.

Harry Potter Goes to LawSchool 283
Books aresources of power, bothinlaw school andinwizard school. But
because theyarepowerful, booksalsocanbedangerous. In
The Prisoner ofAzk­
aban, Harry's The Monster Book ofMonsters actuallybiteshim. RontellsHarry
just how dangerous bookscanbe:"Some
of the books theMinistry's confiscated
-Dad's told me-there was onethat burned youreyesout. And everyone who
read
Sonnets ofaSorcerer spoke inlimericks forthe rest of their lives. And some
old witch inBath hadabook thatyoucould
never stop reading! You justhad to
wander aroundwithyour noseinit, trying todo everything one-handed."17
Tom Riddle'sdiary, of course,provesespecially dangerous, particularly toGinny
and Harry. Similarly, casesandstatutes, too,canbeused forgood
or ill.
Law students oftenprefer usedtextbooks, notonly because theyarecheaper
than newones,
but because sometimes theyaremarked-up withgood nota­
tions made bythe previous studentowner.Similarly, Harryenjoys hisused
(and very
marked-up) copy of Advanced Potion-Making in TheHalf-Blood
Prince, amazing Professor Slughorn withhisskill in Potions.
Books,
law books andmagical booksalike,arefilled withsecrets. Part of the
process
of education islearning howtodecipher thewords of power inbooks.
Another
part of the educational process isrecognizingjustexactly howfar
books
will take you, andtheextent of their limitations. Hermione,throughsev­
eral
of the early Harry Potterstories, clearlybelieves thatallthe answers arein
books. In
TheChamber of Secrets, when Harry askswhy Hermione hasto go
tothe library, Ronreplies, "Because that'swhatHermione does;' adding, "When
in
doubt, go tothe library."" Hermione isclearly startled whenProfessor
Trelawney tellsthem inDivination class,"Books cantake youonly sofar in
this field."l9 Butbythe time
of theevents of The Order of the Phoenix, she is
ready totake theplunge andhelps formDumbledore's Armytopractice De­
fense Against theDark Artsbythemselves. HermionetellsRon, "No, Iagree,
we've gonepastthestage where
we canjust learn things out of books ... ."2.
Law students, too,must face thatchallenging anddifficult moment when they
realize thatthere maybeno clear-cut answerinthe books.
Study Aids and Anti-Cheating Spells
Law studentshaveawide variety of study aidsavailable tothem, basedon
how much money theyarewilling tospend
and on the depth of their desper-
17. Chamber afSecrets 230-31.
18. Chamber ofSecrets 255.
19. Prisoner ofAzkaban 103.
20. Order of the Phoenix 325.

284 Harry PotterGoestoLaw School
ation
as exams approach. Courseoutlines, flashcards, computerprograms, tu­
tors,allthese andmore tempt students to layout hard-earned cash.Other
chemical substances purporting toaid in concentration alsomay make the
rounds. However, atleast lawstudents arenot tempted bybottles of Baruf­
fio's Brain Elixir, which Ron
and Harryconsider buyingin TheOrder of the
Phoenix
until Hermione tellsthem the real ingredients (drieddoxydroppings).
And what hapless
law student, pullinganother all-nighter whilestudying for
a final exam, wouldn't
love to haveaTime-Turner such as Hermione has? Every
studentneedsmore of thatmost precious commodity, time.
But before exams, Professor McGonagall sternlytellsthestudents, "Now,I
must warn youthat themost stringent Anti-Cheating Charmshavebeen ap­
plied toyour examination papers.Auto-Answer Quills are banned from the
examinationhall, as areRemembralls, DetachableCribbingCuffs,andSelf-Cor­
recting
Ink."21 While law students undoubtedly areintrigued bythe sound of
some of these cheating tools,theyarealso fully aware that law schools usetheir
own computer magictoensure thatstudents typingexamsareunable
to log
on the Internet) or to accessany ftles ornotes.
Examinations
Hogwarts examsoften are acombination of written tests and practical tests.
Students havetobe prepared towrite longessay answers explaining thehistory
of the Goblin Rebellion, but alsobeable tomake apineapple tapdance across
a table. (Theincentive tostudy forthe Potions test
isespecially high,when
the professor threatenstopoison one
of thestudents to see iftheirantidotes
work,
as Snape doesin TheGoblet of Fire.)
Exams loomlargefor law students, too(although lawschool examsover­
whelmingly consist
of writtenessayquestions ratherthanpractical applica­
tions). Firstyearexams areparticularly stressful,withthegrade forthe entire
course resting onone examination. The results of first year exams oftenbecome
thebasis forreceiving aninvitation tobe on the editorial board of theschool's
law review (avery prestigious position).Manya
law student hasfeltthesame
pressures Harry
feels inhis History ofMagic exam: "Think, hetold himself, his
face inhis hands, whileallaround himquills scratched outnever-ending an­
swers, andthesand trickled through thehourglass atthe front
... ."22
21. Order ofthe Phoenix 708-09.
22. Order of.he Phoenix 726.

Harry PotterGoestoLaw School
Grades and Future Careers
285
There isanold saw about lawschool gradesthatgoes something likethis:
"The
'X students becomethe law professors; the'B'students becomethe lawyers;
andthe'C'students becomethejudges:' Thecomforting ideabehind thissome­
what ironic saying
isthatthegrade-obsessed gunnerswhotruly "love thelaw"
will find their niche inteaching. Thesolid students willbecome practitioners
and make piles
of money, andthose withother skills(such as political skills)
will beable tolord itover
all as decision-makers inthe judicial system. There
seems tobe some similarity heretothe Hogwarts denizens.Forexample, Dum­
bledore
was one of the smartest wizards of all timeandyetheonly wanted to
be Headmaster. (Hewasoffered thepost
of Minister of Magic, butwas not
interested.) Similarly,theequally brilliant LordVoldemort wasone of the
brightest studentsHogwarts hadever seen,
and hewanted tobe the Defense
Against theDark Artsteacher. Thescholastically averageWeasley twins,Fred
and George,
leave school early to makeamint ofmoney in their Joke Shop. Medi­
ocrities such
as Fudgeendup as Minister of Magic.
For most
of thestudents, gradesareintegral tocareer paths.Thus, itis
Book Five, wherethestudents taketheir O.W.L. exams, thatillustrates most
clearly thestress andstrain
of exams. O.W.L.s aresimilar inimportance tothe
Bar Exam for
law students, forlike the Bar, O.W.L.s areessential toproceed on
with your career.
Perhaps theonly thing moreexcruciating thantaking exams iswaiting for
the results. Inaddition tofinal exams incourses, lawstudents havetopass
their statebarexamination beforetheyarequalified topractice
law. The test
isusually takenin July, and theresults takeseveral months. (Unfortunately,
the results arenot delivered byowl.) Thebarexamination scorehasboth an
essay component andamultiple choicecomponent andtheresults arenot al­
ways capable of being takeninataglance. One of myfriends, out of townon
a document reviewwhenhisletter arrived, hadhismother openitfor him.
He asked her
on thephone, "DidIpass?" Therewasalong, agonizing silence
as sheopened theletter andread it, and finally shesaid, "Ijust don't know!"
(He hadpassed,
as itturned out.)Similarly, Harryandhisfriends havetode­
cipher acomplicated gradingsystemwhere
"0" standsfor"Outstanding," "E"
means "Exceeds Expectations,"
"P\' onlymeans "Acceptable," andthefailing
grades are"P" for"Poor;'
"0" for"Dreadful;' and of course,theappropriately
named bottom grade,"T"for
"TroW'"
23. Half-Blood Prince 102.

286 Harry PotterGoestoLaw School
However, careerplanning
isperhaps morecreative forHogwarts students
than forthe typical lawstudent.
Our lawschool placement officerarely hassuch
interesting pamphlets
as, "Have You GotWhat ItTakes To Train Security Trolls?"
and "Make ABang
At The Department of Magical Accidents andCatastrophes.""
Academic Culture
Rankingsand School Competitions
Hogwarts seemstobe the Harvard of wizarding schools.In The Goblet of
Fire, Harry firstlearns of theexistence of other wizarding schools. The three
largest European schoolsareHogwarts, Beauxbatons
and Durmstrang. (It's
interesting tospeculate whatthelaw school equivalent
of theother schools
would be.)ButHermione tellsHarry thatDurmstrang's gotahorrible repu­
tation. Shesays, "According to
AnAppraisal ofMagical Education in Europe, it
puts alot
of emphasis on the Dark Arts."25 This Appraisal seems tobe the wiz­
ard's equivalent
of theannual (andnotorious) U.S. News and World Report
ranking of lawschools. (Therankings arenotorious becauselawschools bit­
terly complain abouttherelevancy
of therankings, but spend aninordinate
amount of time andenergy hoping tomove up in therankings.)
The rivalry between schoolsinthe Triwizard Tournament
isfierce.Simi­
larly, mootcourt competitions betweentearnsrepresenting differentlawschools
can bevery competitive.
Formalities of Dress andAddress
Inthe type of public boarding schoolsetting of Rowling's novels,theaca­
demic culture
isquitea bit more formal thanatmany lawschools. Forone
thing, students
and faculty atHogwarts dressformally forclasses. (Theywear
black robes overtheir regular clothes.)
Law students, incontrast, nolonger
wear suitsandtiestoclasses (unless theyhave aninterview scheduled forright
after class). Iremember my
grandmother beingappalled whenshesaw me
heading
out to one of my law school classesinblue jeans andat-shirt. She
was evenmore shocked whenItold hersome of my professors alsowore jeans.
As forforms of address, Hogwarts teachersaddressstudents bylast names.
In law school classes, this
isprettymuchamatter of teaching styleforthe pro-
24. Order oftile Phoenix 657.
25.Goblet ofFire 166.

n..u1Yl~Vllt::l �⸀⸀䨀嘀䌀㨀~ lV Law ,Jl,..UUUl LOI
fessor.Somelawprofessors addressstudents as "Mr.Smith" or"Ms. Jones:'
while other professors usefirst names. (Thechoice
isalsoinfluenced byclass
size-the larger theclass, themore likely thattheprofessor will go bylast
names.) However, inboth Hogwarts
and law school, teachers areaddressed as
"Professor." (It istherare lawprofessor who feels secureenough toask stu­
dents toaddress herbyher first name.)
Setting
Hogwarts School of Witchcraft andWizardry isa1,000 yearoldinstitution
housed inamedieval castle.Many
law schools, eventhemore recently estab­
lished ones,optforthe ancient medieval lookintheir buildings (particularly
the library). Suchasetting suggests asacred place(acathedral oflearning), a
place filledwithpower, astrong andentrenched institution.Themajestic
ar­
chitecture ofHogwarts (and of manylawschools) metonymically represents
the power andprivilege
of theplace.
Book 7or Is There Life after LawSchool?
Thewell-schooled Rawlingbeginstheconcluding bookinher Harry Pot­
terseries withtwoepigraphs: aquote fromAeschylus' ancient and bloody
Greek tragedy,
TheLibation Bearers, and aquote fromtheQuaker William
Penn's
More Fruits ofSolitude. This istheonly book out of theseven inwhich
Rawling includes anyprefatory quotes,andit
isworth whileconsidering her
selection insome depth, particularly fortheir insights intotherule
of law.
"Bless thechildren, givethem triumph now:'theChorus praysinthe quote
from
The Libation Bearers andElectra andOrestes dutifully plotmatricide in
their vengeance-based society.Theselection fromWilliam Penn,
on theother
hand, offersconsolation inthe
face of death: "Fortheymust needs bepres­
ent, that love and
live inthat which isomnipresent." ForPenn, loveandfriend­
ship cannever perish, being
part of thedivine. The two quotations, while
dealing withdeath
and love, could hardly bemore aptfortheir resonances
with therule
of law.
The Libation Bearers isthesecond playinAeschylus' Oresteia trilogy, the
story
of a blood feudthatdestroys theill-fated family of theHouse of Atreus."
26. For an excellent version ofthe trilogy, see ROBERT FAGLES, THE ORESTEIA: AGAMEM­
NON, THE LIBATION BEARERS &THE EUMENIDES (1984).

288 Harry Potter Goes to LawSchool
The trilogy
isoften taught in"Law &Literature" courses, and broadlyfeatures
a movement fromarevenge societytoarule oflaw society.
Itis(among many
other things) astudy injurisprudence. Inthe first play, Queen Clytemnestra
kills herhusband, Agamemnon,
as revengeforhiskilling of their daughter,
Iphigenia. (Agamemnon hassacrificed Iphigeniainorder toget fair winds for
his war ships heading toTroy.) Inthe second play,
The Libation Bearers, the re­
maining childrenplotthedeath of Queen Clytemnestra andhernew husband.
Electra urgesherbrother, Orestes, toavenge theirfather's deathbykilling their
mother. Oresteskillshismother,
but then he istormented bythe Furies for
his crime
of matricide. Thethird play isthetrial of Orestes. DoesOrestes de­
serve continued tormentbythe Furies forkilling hismother, whenit
was his
duty toavenge thedeath of hisfather? A jury of Athenians hearsthecase,
presided overbyAthena
as judge. Apollo acts as Orestes' attorney andtheFu­
ries appear
on behalf of themurdered Clytemnestra. Theresult isahung jury,
with Athena castingthedeciding voteformercy. Thespiral
of vengeance comes
to an end.
At first blush, therecould hardly beagreater contrast thanthatbetween
the violent, bloody
story of the Oresteia and thegentle consolation of the
William Pennexcerpt. However, forstudents
of legal history William Penn is
farmore than just thebenevolent Quakerfounder of Pennsylvania." Penn
studied lawatLincoln's Innand drafted thelegal framework forthe govern­
ment
of Pennsylvania. Butperhaps mostsignificantly, Penn was responsiblefor
protecting theearly righttotrial
by jury inEngland. Penn,adefender of Quak­
erism, wasaccused
of preaching inpublic inviolation of an Act tosuppress re­
ligious dissent.
At Penn'strial,thejudge directed the jury tocome toaverdict
without hearinganydefense.
As anadditional outrage,thegovernment re­
fused topresent anofficial indictment (probablyoverconcern thattheAct it­
self might beoverturned). Despiteenormous pressurefromthejudge, thejury
returned averdict
of "not guilty:' Thejudge thensentthe jury tojail. Great
political pressures wereinvolved inthe case; theLord Mayor
of London even
became involved intrying tostrong-arm thejury. However, the
jury heldfast
and eventually wontheir freedom, protecting theright totrial byjury.
Both opening excerptsresonate withtheidea
of asystemic change,abreath­
takingly different worldview.Theblood vengeance
of The Libation Bearers
mustgivewaytoalegal system of reason tempered bymercy. Thedark human
fear that death
isafinal end gives way tothe divine light of Penn'svision of undy-
27. For agood discussion of Penn's life and work, see HANS FANTEL, WILLIAM PENN:
ApOSTLE OF DISSENT (1974).

..jOj 1Y.rUUl;l �䨀唀䌀㨀~ lU Ld.W ..Jl.llUUl
ing love. (And for legal history fans, Penn'smostfamous trialcreated asea-change
by truly democratizing theBritish jurysystem, andevidencing the
truth that
pacifism
isnot for sissies.)
So what dothese twoepigraphs havetodo with Harry, Ron,andHermione,
or, forthat matter, withlawstudents? Theyare
key tounderstanding thechil­
dren's quest, and
key tounderstanding thetransformative goals as well as the
limits
of a formal lawschool education. Anew world view,atransformation
that comes fromwithin, canchange thevery idea
of "victory" forHarry as well
as for young lawyers.
"If theDeathly Hallows reallyexisted, andDumbledore knewabout
them, knewthattheperson whopossessed allthree
of them would
be master
of Death-Harry, why wouldn't hehave toldyou? Why?"
He
had his answer ready.
"But yousaid it,Hermione! You'vegottofind
out about them for
yourself! It'saQuest!"28
There
isa sea change atwork inBook Seven. Of all seven books inthe Harry
Potter series,
TheDeathly Hallows istheonly onenotsetatHogwarts. The
newsetting itselfmarks a great seismic shift,presaging thecoming transfor­
mation of world view. Harry,Ron, and Hermione havedropped out of school
to fight against Voldemor!.
Like thechildren in TheLibation Bearers, theirgoal
isadeath: essentially, theyare on amission tokill Voldemort. Nolonger for
them arethe familiar school-year rituals
of theHogwarts Express,schoolrobes,
Quidditch matches,Houserivalries andfinal exams.
All that isfamiliar andcom­
forting, including Hogwarts itself(aplace
Harry views as home), isnow dan­
gerous
and perverse. AtHogwarts, studentspracticetortureskills on other
students. (TheyusetheCruciatus Curseonthose who've earned
detention.")
Onlypureblood witches andwizards areentitled toeducation. DeathEaters
are teachers now.Education isliterally upsidedown(consider the opening
scenetothe book, where theprofessor of Muggle Studies ishungupside down
and tormented andkilled byVoldemort).
We are inBig Brother land,Nazi
Germany, theplace
of our living nightmares. Theperversion of education is
thatitcan become indoctrination.
Harry as questing herowillhimself betransformed byhis journey, but only
after great suffering.
On hisquest, Harry finds that one byone he isbeing
stripped
of his all sources of power and comfort. Hiswand isbroken, hisbest
28. The Deathly Hallows 433.
29. Deathly Hallows 573.

290 Harry PotterGoestoLaw School
friend Rondeserts him,andHarry's corebelief inDumbledore
isseverely
shaken. Whycouldn't Dumbledore havetoldhimwhat todo? Why doesn't
Harry justhave amagical list
of instructions tofollow? HashisHogwarts ed­
ucation failedhim?Harry comes tounderstand thatinorder tomake thegreat­
est paradigm shift
of all,themove fromchildhood toadulthood, "you'vegot
to find out
... for yourselfl" Thinking foryourself, like"thinking likealawyer:'
isa leap intoa new world, atransformation intoanewer self. "Why doesn't my
lawprofessor just give usthe answers?" isafrequent complaint of firstyear law
students. We want students tothink forthemselves, tobe ready to face new
factual situations. Andsometimes, likeDumbledore,
we don't havethean­
swers-all we have isagood hunch concerning what we thinkthecourts might
do. Harry haslearned hislessons atHogwarts, butHogwarts cannotteachhim
everything. Hismost difficult lessoncomes whenhedecides
not toact. In not
racing Voldemart tothe Elder Wand,'o Harrydoessomething that isout of
characterforhim - hesits still. As aSeeker inQuidditch, and as avery active
hero inthe first sixbooks, Harryhasbeen innear-constant motion.Butout­
ward physical activity
isnotalways theright decision. Harrysuffers through
his own seachange whenhemakes theconscious decisiontodo nothing about
retrieving theElder Wand.
Law students as wellmay come tothe point where
they reach thelimits
of wisdom fromformal legaleducation. Oftensuchmo­
ments areethical dilemmas whichariseduring summer clerkships orfirst year
jobs. Atsuch points, theyoung lawyer's decisions shapethetype
of person,
both professionally and personally, shebecomes. She isnotwithout power­
her legal education will serve heringood stead. Buttheanswer toaquest is
not something tobe learned inschool, butrather something to be foundwithin.
Conclusion
Dumbledore makesitclear thatwith great power comes greatresponsibil­
ity. When hetalks tothe young TomRiddle forthe first time, Dumbledore
says thatatHogwarts, "[W]eteachyou not onlytouse magic, but tocontrol
it.... All new wizards mustaccept that,inentering our world, theyabide by
our
laws."31 One of the dangers of acquiring power isstartingtobelieve youare
better thanthose without power.This
isValdemart's mistake,butitalso isa
common mistakeforanyone entering aspecialized profession, includingthe
30. DeathlyHallows 302.
31. HalJ.Blood Prince 273.

Harry Potter Goes to LawSchool 291
law. Hermione, speaking of elfrights andwizard prejudices, tellsLupin, "It
all stems fromthishorrible thingwizards have
of thinking they'resuperior to
othercreatures .... JI)2 Coming toterms withpower, whether youarealawyer
or awizard, meansfinding theright balance between prideinexpertise andhu­
mility ingood service. Howyoucome todefine "good" shouldbean integral
part
of the individual lifelongeducational journey.
Of course,there isnotjust one ur-story of legal education, or of amagical
education, forthat matter. Feminists andCritical Racescholars, amongoth­
ers, have longnoted thatthestructure
of legal education stillserves toreinforce
a power andprivilege thatalltoo often
iswhite, male,and not working class."
This
isone of the reasons Iso enjoy Hermione as acharacter (andwhyIse­
cretly wishRawling hadmade herthe main character, despite Harry'scharms).
Perhaps Rawling will
give usfurther adventures atHogwarts, featuringRon
andHermione's daughter,orother diverse wizardstudents.
Atthe end of The Half-Blood Prince, Harry determines not to return to
Hogwarts. (Hehastoset
out on aquest tofind anddestroy firsttheHorcruxes,
and then Lord Voldemort himself.)Afterall,one can't stayinschool forever
(sad
as that thought will betoRowling's fans.)Harry leavesHogwarts readyfor
this lastquest because Hogwarts hastaught Harryto"think likeawizard" the
way that lawschools teachstudents to"think likelawyers." Thistype
of think­
ing means
not simply memorizing rules(magical words of power), but also
knowing howtoapply oldrules tonew cases, andperhaps evenenvisioning a
re-shaping
of the law (or are-shaping of the rules of magic) as itaffects thema­
terial conditions
of our lives. "There was alot more tomagic, as Harry quickly
found out,than
waving your wand andsaying a rew funny words."34
32. Order of,hePhoenix 171.
33. See, e.g., Lani Guinier etaI., Becoming Gentlewomen: Women's Experience atOne Ivy
League Law School, 143 U. PA. 1.REV. I(1994). For an example of some of the limits of
trying touniversalize the law student story. see Brian Owsley, Black Ivy: An African-Amer­
ican Perspeetiveon Law School, 28 COLUM. HUM. RTS. L.REV. 501 (1997).
34. Sorcerer's Stone 133.
X