Aysha Khatoon, Integral university, Lucknow
Mohd Somaan, Integral University, Lucknow
ABSTRACT
The legal field has been linked to paranormal beliefs through great development: through the expansion and compression of time. Historically, witch trials of the 16th or early 17th centuries were harsh ones, often with people accused of being witch or sorcerer. Religion played a large part in the legal system, and many were severely punished if there was thought to have been supernatural practice attributed. As a result of popularization of Spiritualist movement, the development of consumer protection laws in the context of fraud associated with spiritual claims and interest in paranormal research began in the 19th century.
In modern cases, we are dealing usually with disclosure laws particularly in real estate cases where, for example, properties with ‘haunted’ or stigmatized histories can hurt property value. Stambovsky illustrates such an example. There are no such statutes in other jurisdictions except for physical defect and Ackley have established those precedents which require such disclosure. In legal cases where there are paranormal claims, practitioners argue that their activity is part of their spirituality, freedom of religion and expression are both important. Still, courts tip the scales on these rights in favor of the protection of fraud prevention, needing proof of harm or being deceived. When the legal field reacts to the societal move to rely on evidence-based law (rejection of superstition and doctrinal religious doctrine as a basis for public policy) it has also moved its reaction of paranormal claims from a superstition and doctrinal religious doctrine (and faith) based position to a position in law based on the protection of consumer rights and disclosure, and protection of individual rights.
Keywords: Historical Relations, Paranormal, Spiritualist, Ghostbusters, Exorcist, Jurisdictions, Amendment.
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