Power to enact and enforce law : A Case Study of the Use of Power of State, the Chief of Investigation Officer, and Hogwarts Headmaster.

Abstract

This article aimed to study the use of state power by the Chief of Investigation Officer and Hogwarts Headmaster under the perspective of legal philosophy. Considering the use of power and the force of the rules within Hogwarts School under the English common law system. By comparing Professor Umbridge as the Chief of Investigation Officer and Headmaster to the Sovereignty of Hogwarts School of Witchcraft and Wizardry, who have the power to issue regulations comparable to law issued by the powerful during the time of chaos caused by the return of the Dark Lord. Orders are used to control the behavior and actions of people at Hogwarts to claim orderliness and to prevent chaos in the school due to external troubling situations. As well as the imposition of punishment on students who violate moral principles, which is considered legitimate with the power that is there. Is it true? When taken into consideration with legal positivism, which asserts that law is a product created by the ruling power, separate from ethics and other values in society, and John Austin's views on the completion of law. Rules issued by Umbridge while in such a position of power may have righteousness because it meets the elements of law issued by the state. This type of analysis is also based on Hans Kelsen's pure theory of law, which holds that law should be separated from other values in society that are artificial. However, this perspective has been contested by various thinkers. Including in the Office of Positivism itself. As H. L.A. Hart proposed taking into account the sometimes overlapping nature of the law. Explaining social phenomena in such a way is comprehensive and reduces the chance of being used in an interpretation that benefits those who abuse power.