transcendence-au:
It actually is very illegal! A fic or two touched on that back when this AU first started; though whether or not people have kept this in mind is… debatable. Not that I’m upset or anything, ‘cause hey, fandoms do what they wanna do.
Only a few years after the Transcendence was summoning made illegal. Another few years after that, an addendum was made to allow certain kinds of summoning involving more harmless forms of magical creatures under certain circumstances (usually involving a license), but demons were still a straight up aw hell no. That shit’s dangerous, no exceptions.
The punishment for such crime was never discussed, however. You’d probably look at a probation of some kind, and a decent amount of time in the slammer, depending on the case.
It still fits that out of the billions of people in the world, there would be some people who just wouldn’t think much about it. Cassie, as an example, was really too young to grasp that she was doing anything that dangerous or that she’d get in deep trouble for it. You’re always going to have a sizable amount of people who either don’t care (either through desperation, revenge, or what have you), or don’t really comprehend.
Department of Health and Human Services (currently second most funded in the US next to Department of Homeland Security and responsible for medicaid/medicare and the fda for example) would have to make new agencies to cover new healthcare violations such as but not limited to: magical poisoning, standardized food safety regulations of magical exposure depending on effects, demon summonings, curse breaking. Department of Homeland security might have to make new agencies also on demon summoning, ward building, etc. Not as knowledgeable on DHS as DHHS.
Presuming demon summonings are not common, interaction with supernatural creatures is very common, and magic/spells/summoning is accessible to people.
Probably these revisions would be more regulatory based than statute based, because of circumstances of magical discovery specifics would have to be limited to private law because it’s so professional (to a few certified) based, which means lots of hastily officiated boards for regulating this sort of activity. That means a bunch of “professional” amateurs form the basis of law for the future due to crisis like circumstances.
Are there schools for magic? Magically enhanced children, new races going to school with, magical sports? I guess everyone can use magic now so there’s probably a class dedicated to it. Could replace home ec.
For demon summonings in particular, there would be both civil and criminal penalties- probably first under the assumption all demon summonings are dangerous and harmful, akin to a raging (magically buffed) beast and more dangerous than a bomb, and do not include summoning spells in general.
The other thing I can think of is in criminal law there’s an element called mens rea, and since illusions, mind control, possession, and soul-threatening duress are now possibly common things that happen to people accidentally or as a result or predicated by demon summonings or fairy kidnappings or mysterious disappearances and things like that, “the devil made me do it” or “god told me to do it” might have to find new ways to grapple with for incarceration or death penalty or …….. sealing…. for a non human entity or corrupted soul????
Jails would have to be warded, tattoos would have to be lazered off.
Civil sanctions…. for example) are going to be lack of access to medicaid/medicare if you use magic to falsely claim you’re sick lol. Or lack of covered curse breaking from curse breaking section of medicare if you try to defraud the gov of money with your shiny new curse breaking and magical maladies hospital. Money based. There would be a lot of these! Fraud would absolutely be rampant, people getting conned and lied to everywhere until laws catch up. (Maybe technology or auditing methods would be greatly benefitted by a whole advanced kind of magic, a lot faster.)
Man privacy laws are having trouble just with technology, gps, and the internet, imagine of magic (magically enhanced hearing, xray vision, soul reading, psychometry, telekinesis, always knowing if someone is lying etc) would wreak havoc on privacy laws and police investigation.
Maybe due to people being fearful and not adapting fast enough magical beings would end up forming their own kind of psuedo peace keeping forces who would later be inducted or melded with police force at a later date and subject to respecting human rights laws…. and I guess whatever else isn’t human lmao. Whole new set of laws. That would be an interesting story- werewolf peace keeping force.
Criminal sanctions: based on lifespan for non humans or affected humans? Just for humans summoning a demon illegally, probably demons would be considered dangerous enough to be under strict liability, meaning if you did it, you’re guilty, no factor by factor analysis like foreknowledge, how dangerous the entity was, the damage/effect demon ended up having. Besides fines and sanctions, up to 5 years in prison for harmless things, like… little flighty fairies? and maybe to life for anything above a certain threshold. Defense may be coercion. Regularly scheduled purifying rituals and truth telling bits for infected souls.
I’d assume magic would cause more problems then it would conveniently put new products into the economy so there would probably be some kind of minor depression market crash, and people would be more scared and spend less.
For fic fun stories about a criminal who summoned a demon: after barely avoiding a life sentence, assigned to a barely just made legal board of magical beings who dole out your probation, not entirely professional yet but maybe trying to be fair while not knowing everything about the situation, forced to attend cleansings weekly but since the understanding isn’t right the curse keeps coming back, but sealed by fae to keep your mouth shut.
So many possible factors, though. The stories where the law is built out of sordid unjust experience of a few are always the most insane.
far future assumption: demon summoning as integrated enough into society and not soley in situations that end up with a soul gone or people injured may relax legal standards in cases of…………………. I don’t know. what would you use demons for? bodyguards? enslaved magic? Like bartimeous trilogy?