fandomhigh | Magical Ethics: Week 6, Period 1

Alysha was a little subdued as she waited for the students to come in. She'd rearranged her lesson plans a bit in response to the news on the radio from the previous week, and instead of brains, they were doing their 'midterm' a week early.

"Morning, everyone," she said as the bell rang to start class. She so had her coffee today. It was too early, dammit. "The week after next is Spring Break as you guys are probably already counting down til. And that means we're almost halfway through the class." She grinned. "Don't everyone be all sad at once."

"So today, we're going to play with an exercise based off this country's Bill of Rights." She passed out sheets of paper with the Bill of Rights attached. "I know, not everyone's American, but that's why you all get a copy. Don't memorise it or anything silly like that."

   1. Freedom of Speech, Press, Religion and Petition
      Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

   2. Right to keep and bear arms
      A well-regulated militia, being necessary to the security of a free State, the right of the people to keep and bear arms, shall not be infringed.

   3. Conditions for quarters of soldiers
      No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.

   4. Right of search and seizure regulated
      The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

   5. Provisons concerning prosecution
      No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation.

   6. Right to a speedy trial, witnesses, etc.
      In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

   7. Right to a trial by jury
      In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.

   8. Excessive bail, cruel punishment
      Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

   9. Rule of construction of Constitution
      The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

10. Rights of the States under Constitution
      The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

"Okay, I'm not a lawyer or even from the States, so don't get all caught up in the little debates over why the commas or prepositions are where they are," Alysha said once everyone had a copy. "I can't begin to help you. What I want you to do is check out what 'essential freedoms' are guaranteed by this Bill of Rights. What did the writers think were the most important to a 'free society?'" Yes, the quotation marks were in Alysha's voice too. She was totally Canadian.

"After that, what I'd like you all to do is think about what you'd put in a 'Bill of Rights' for people with powers. Should there be protections for non-powered people in there? Up to you, but I want to know what you think should be the essential 'freedoms and liberties'for people with magic. Keep in mind that when this was written, some of these amendments were things that the writers believed had been curtailed in their lifetimes and so were extra concerned about. You don't have to focus just on the huge issues but the little ones too."

She looked around the room. "Any questions? Go on and discuss it all then, and we'll see what everyone comes up with."

Flat | Top-Level Comments Only

"People are gifted with all sorts of abilities," Raven said softly. "I do not think it is fair to single some out because of what they can do. A blanket statement cannot be applied to someone who can fly or someone who is very strong or someone who can heal."

"Maybe it's not fair, but it happens," she pointed out. "What I'm suggesting you consider is the idea of what type of rules or laws could help prevent that? What are your rights as someone who can feel others' emotions? Or what should they expect when dealing with you?"

"I do not use my gifts to eavesdrop on others intentionally," Raven said, her face flushing a little. "But sometimes I cannot help it, anymore than someone can see or hear another. I would never use them to harm another" -- except when she did -- "and if I did, I would expect to be punished just as if I had used a weapon to harm them."

Alysha shook her head. "I'm not saying you should be punished differently." Well, unless she was a Gale. They were above the law but shhh. "Perhaps look at it more as - overhearing someone plotting a crime means you can stand witness against them. What about if you overhear their thoughts about it. SHould you be able to testify on the same level?"

"If someone has committed a crime, they should be punished," Raven said, thinking it over, "and if I can aid in proving their act, it is my duty to testify."

"Why not?" Beka asked. "Can you not make a decree that their magic can't be abused to control other folk? You'd not need to specify whether someone can force their will on a cove or if they can put a mage mark on them."

"Magic would be as any other weapon," Raven said. "The same type of laws should apply. I am not allowed to use a weapon to harm or threaten you, nor should I do the same with magic."

"I'll not disagree," Beka said as she'd made much the same point in another lesson. "But tis harder to control."

"It can be, yes," Raven conceded, because she knew that far too well from personal experience. "But it is not fair to treat all those who are gifted with suspicion."

"I've not said they should be," Beka pointed out. "Magic's common in my world, but there's laws and restrictions for everyone." Rights was a bit harder and both were more rudimentary, but she was a Dog and she believed in it.

"How does it work in your world?" Raven asked curiously. "Where I am from, those who have magical talents are not treated any differently from those whose skills lie elsewhere."

Twas hard to explain when magic was so much engrained in Tortall. "I'd not say they're treated differently, not in the way folk seem to mean when they mention it here. I'll not treat Kora different 'cos she's a mage, but I'll not stand in front of her door in the morning while I know. That'll get me burned," she explained, grinning a little at her friend's morning temper.

"Pretending mages have no Gift would be foolish. There's magistrates who'll try to control the magic that could be abused, but that's never perfect. Folk'll find a way around it."

"Any gift can be twisted and abused," Raven said. "It makes sense that there be rules that say you cannot do certain things with them that would be viewed as harmful."

Magical Ethics: Week 6, Period 1

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