Now that temperatures are finally falling, it’s starting to feel like autumn. With autumn comes the spookiest time of the year, and what is spookier than witches, ghosts or vampires? Each of these creepy creatures have checkered legal pasts and the resources below provide further information.
Witches have faced legal challenges for over 600 years. According to the Library of Congress, witch hunts and accusations of witchcraft began in the early 15th century and lasted for approximately 300 years. They were more numerous in France than in other European countries or kingdoms. You can learn about them in this research guide from LOC or this video exhibit on Witch Trials in Early Modern Europe and New England from Berkley Law. Witch trials came to the New World in 1600s with the Colony of Massachusetts Bay trials and the infamous Salem witch trials. We have several books in our collection on the topic, from A trial of witches : a seventeenth-century witchcraft prosecution, to The Salem witchcraft trials : a legal history, but also including Witchcraft and witch trials : a history of English witchcraft and its legal perspectives, 1542 to 1736. We even have a multi-volume collection of the Records of the Court of Assistants: Colony of Massachusetts Bay 1630-1692 in the Rare Book Room (available by appointment for interested researchers).
For additional information on witchcraft and witch trials, check out these excellent research guides from Cornell, San Diego State, and Connecticut State libraries.
What about ghosts? Surely a ghost has never stood trial before, but there are several incidents of haunted legal proceedings throughout history. For example, this blog post from the State of Oregon Law Library asks, “Is Shooting a Ghost Murder?” while this exercise from the New York Law Institute asks legal research beginners to consider, “What legal precedents exist surrounding the concept of 'haunted' or 'stigmatized' real estate, and how do they impact property disclosure laws and the transfer of ownership? Furthermore, how have courts addressed disputes arising from alleged paranormal activity in real estate transactions, particularly in cases where buyers claim damages or seek rescission of contracts based on these grounds?” Ghosts have been implicated in contract disputes, see Burchill v. Hermsmeyer, 212 SW 767 (1919) and most recently the Supreme Court considered the issue of regulating “ghost guns.” Some specters even haunt some popular libraries (no sightings in our own UW Law Library though!).
Finally, what is the legal status of the vampires? Unsurprisingly, these creatures of the night have yet to face the fluorescent light of a courtroom, but have still sparked debate among legal scholars about their various rights and transgressions. Professor Gwen Seabourne examines the property rights of vampires in this blog post, while attorney and data scientist James Daily discusses their criminal liability in this post here. Unconvinced vampires have legal rights but still want to indulge in the spooky? Be sure to consult “The Deluxe Transitive Vampire : the ultimate handbook of grammar for the innocent, the eager, and the doomed,” available at Memorial Library, while you put the finishing touches on your memos this fall!
Submitted by Manriquez,Elizabeth, Head of Reference & Scholarly Support on October 19, 2024
This article appears in the categories: Law Library
