I personally feel that the Statute in and of itself is fair, because of the ways in which Muggles would inevitably react if they were to find out about the magical world. It seems to me that most people have a tendency to be selfish and want to use things for their own personal gain. Tapping into the magical world would have dire consequences; Muggles would insist on having the ability to use magical people for their own purposes. It would be chaos. I can easily see trials against wizards on trumped-up charges, and if the wizards used magic to escape (like Apparating out of prison cells and the like), it would only enrage Muggles further. It would dissolve into warfare as Muggle and magic weapons are pitted against one another for one imagined slight or another. Really, the magical population feels safer under the statute, and I can't disagree with them on that.
However, the means of enforcing the statute make me uncomfortable. Obliviating seems like such a cruel punishment to a person. I hate to use the word "rape," but invading somebody's brain and wiping their memories away against their will, just because they happened to see something magical, seems really violating to me. Perhaps a better idea would be a binding spell of some sort, so that the Muggle cannot speak or communicate about what they have seen? That seems a little less harsh. Then again, it leaves them to realize what has happened and recognize their punishment for what it is, which is also not a very pleasant consequence. It just seems unfair to me because it's not like that person did anything wrong. The magical person did the wrong thing, by allowing their abilities to be seen. So why punish the innocent bystander?
But that leaves the question of what, then, to do when this sort of thing occurs. Incorporate Muggles into the magical society, and deal with the consequences of that as they arise? Who knows what could happen?
As for when it is okay to break the statute, I would like to say that people should be able to use magic if they need to save somebody's life, like in an emergency situation. Then, look, superheroes could be a real thing! People might then start begging that wizard/witch to use magic to do things for them, too, though. I don't know, it's such a complicated issue. I guess I'd just resign myself to keeping the status quo, because I'm not wise enough to come up with a more suitable answer.
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However, the means of enforcing the statute make me uncomfortable. Obliviating seems like such a cruel punishment to a person. I hate to use the word "rape," but invading somebody's brain and wiping their memories away against their will, just because they happened to see something magical, seems really violating to me. Perhaps a better idea would be a binding spell of some sort, so that the Muggle cannot speak or communicate about what they have seen? That seems a little less harsh. Then again, it leaves them to realize what has happened and recognize their punishment for what it is, which is also not a very pleasant consequence. It just seems unfair to me because it's not like that person did anything wrong. The magical person did the wrong thing, by allowing their abilities to be seen. So why punish the innocent bystander?
But that leaves the question of what, then, to do when this sort of thing occurs. Incorporate Muggles into the magical society, and deal with the consequences of that as they arise? Who knows what could happen?
As for when it is okay to break the statute, I would like to say that people should be able to use magic if they need to save somebody's life, like in an emergency situation. Then, look, superheroes could be a real thing! People might then start begging that wizard/witch to use magic to do things for them, too, though. I don't know, it's such a complicated issue. I guess I'd just resign myself to keeping the status quo, because I'm not wise enough to come up with a more suitable answer.
Crystalpuff