Legal Methods Project
Legal Methods Project
PROJECT TITLE
SUBJECT
LEGAL METHODS
SOMA BHATACH
AND
SASTIBRATA PANDA
ROLL NO.
SEMESTER
1
ACKNOWLEDGEMENT
We are using this opportunity to express my gratitude to everyone who supported us through
the course of the project. We would like to thank our teacher who encouraged, guide and
supported us for doing this project. And sincerely grateful to them for sharing their truthful
and illuminated views on the issues related to the project.
We express my warm thanks to SOMA.B for her support and guidance and for giving me
such a wonderful project on ‘MEDUSA TOUCH –HOMICIDE AND SUPERNATURAL
BEHAVIOUR’ without her help it would be difficult task for us .We have no valuable words
to express our thanks, but our heart is still full of the favour received from you. .It was all our
pleasure to have you as our teacher and guider throughout this project for this we are
thanking you from our heart.
Latly, We would like to thank God for always being there for me.
INTRODUCTION
When author JOHN MORLAR is bludgeoned to death in his apartment, French police
officer on exchange to UK Brunei rushes to the spot and is shocked when the corpse staged
a remarkable recovery. Morlar is rushed to the nearest hospital while Brunei tries to analyse
his story from Morlar’s unfinished book for solving the case.
Interviews with Morlar’s psychiatrist Dr Zonfield and publisher helped Mr. Bruneli to find
out that Mr.Morlar posseses Telekinesis power [ability to control events using mind], and he
discovers that Morlar used this power in recent disasters ranging from killing of his nurse to
a recent crash of Boeing 747 aircraft with the tower block. Dr Zonfield later confesses that
she is the one who bludgeoned Morlar because she realised that he was a threat to peace
and tranquality of society. Even from his hospital bed Mr. Molar is planning to bring down
the roof of London’s Minster Cathedral on top of the Queen and on the assembled heads of
commonwealth. It is upto Brunei to save them.
CAST
OTHER ACTORS
Whether molar was liable for incidents which were caused by invocation of his supernatural
power?
Whether there is a proper investigation into the MATTER, WHERE a person is almost killed
in the belief that he has some supernatural power?
LITERATURE REVIEW
The movie is fairly based on the Van Greenaway’s novel, but there are few changes made
in the movie by the directors which are listed below:-
The detective in the novel is not a Frenchman but an English named Inspector
Cherry, who is in several other Van Greenaway books.
At the end of the book, Morlar's hand does not scribble on paper Windscale as a next
target after cathedral but scribbles Holy Loch, the site of an American nuclear
submarine base.
OBJECTIVES OF STUDY
To make a legal analysis of the movie medusa touch and to find out:-
1) what are the relevant points of law in india and world with regard to supernatural forces?
2) to study atrocities on people who are having doubt that super matural forces as cause of
their activities?
RESEARCH METHODOLOGY
Historical studies
SOURCES
PRIMARY;
SECONDARY
SCOPE OF STUDY
Restricting ourselves to 2 cases
SIGNIFICANCE OF STUDY
This study will Help us In critically examining the accused, Mr. Morlar‘s mind which will
help us in understanding relationship between the incidents and telekinesis power. The
movie also helps us in finding out newer techniques of crime scene investigation
WITCHCRAFT OR SORCERERY- PRETENDED EMPLOYMENT OF
SUPERNATURAL AGENCIES; MAGIC WITCHCRAFT.
ANY REMARKABLE OR IN EXPLIXABLE MEANS OF ACCOMPLISHMENT,
WITCHERY.
HISTORY
The first instance in which females were accused of witchcraft, occurred in the12th C A.D.
The crowning of Richard Cceur de Lion was preceded by a proclamation forbidding the
presence of Jews and women, the latter, because they were suspected of practising witchcraft.
The evil became greater, the malady increased as soon as heresy and sorcery were
confounded with each other. A number of old women were burned in Treves between the
years 1230-1240 A.D., charged with having visited the scoilpion.
In the 14th C A.D. the mania became already so strong as to find a place in the judicial
proceedings; witches and sorcerers were handed over to the jurisdiction of the court.
In the 14th C A.D. the mania became already so strong as to find a place in the judicial
proceedings; witches and sorcerers were handed over to the jurisdiction of the court.
Philip the Beautiful conceived a prejudice against the order; he feared their influence and
coveted their wealth, and he resolved to suppress them.
Their officers were charged with having repudiated God and Christ; with having served the
devil and practised sorcery.
59 of them were put to death in one day, by being roasted alive at a slow fire. The trial lasted
from 1309-1313 A.D. Another illustrious victim of this mania was the renowned heroine of
Orleans. She was burned in 1431 A.D., at Rouen, having been condemned as a witch.
The belief in the power of witches, in witchcraft, demons, were-wolves, vampires, and all the
various shades of a diseased imagination, was the growth of many centuries. But it was in
1484 A.D. that the seal of ecclesiastical authority was stamped upon it, in the celebrated bull
issued by Innocentius VIII.
According to philosopher Idou - supernatural powers are the practices which have been
passed on from primitive society and are mostly obsolete. However they tend to recur chiefly
at the abnormal circumstances at times of war, epidemic and most commonly at the times of
grave provocation, which is seen the Morlars case where his supernatural powers come
out when he is provoked
1) either by his parents who left him alone and were enjoying when his supernatural power
came out and the car automatically started till his parents were pushed into the ditch.
2) by his wife when he tried to elope with her lover his supernatural power came out.
People only think of supernatural power only at times of stress and problems which is the
case with Morlar here.
In modern studies of law and particularly of crimes of supernatural natures like sorcery,
witchcraft there is an increasing reliance on use of cognitive science and modern theory of
human mind to determine the causes of crimes
The mystical power of a figure may operate to invoke an increase of the game or to propitiate
hunts. It is not possible, though, for anyone in the community to access the invisible: this task
is demanded to a "specialist" - whether it is called sorcerer, soothsayer or shaman - gifted of
special powers. These personalities can invoke blessings and protections on their populace
and are able to practice those activities that have a connection with the esoteric knowledge,
such as medicine, architecture, botany, astronomy, and even law.
The ability to overlap what is symbolic or sought and what is real through rituals allows
witches - who are still widespread in certain regions of Italy - to cast anathemas and
afflictions over their victims by executing ritual acts on depictions of their targets: curse's
specialists oppose to mystical healers, the feared and depraved black art faces white magic.
Relation between supernatural and law the legal organization of a religious community and
the laws that regulate the relationship between State and believers are not the only hypothesis
of connection between law and supernatural, since supernatural may intertwine law in any
field: it may legitimate a role, impose or suggest the content of a disposition, offer reasons to
conform to laws, indicate which behaviours are right and which are wrong.
Law would not exist if individuals were not willing to comply with it. There is a branch of
anthropology that is dedicated to the study of how this compliance is born and has developed
over time.
The acquiescence to rules is one of the extra-juridical roots of law, and it depends on many
factors: in particular, it is possible for it to be connected to the supernatural Until now we
have been mentioning the "supernatural" as a unique, indistinct category, and, frequently,
trying to differentiate is superfluous, since different forms of supernatural - religious or
magical - can equally legitimate an authority or a law
Supernatural Vs law
Supernatural has interested, instructed and consoled men in multiple and diverse ways, and
when the various forms of supernatural confronted with law, they did not speak always the
same language; we must figure out if a given form of the supernatural - and, in particular,
religiousness - is more or less inclined to adapt law to its canons.
WHETHER MOLAR WAS LIABLE FOR THE INCIDENTS WHICH
WERE CAUSED BY INVOCATION OF SUPERNATURAL POWER?
The same law that governs the life and conduct of individuals governs the nation. They are
the subjects of prejudices and superstitions, often entirely in their power. These superstitions
partake, as it were, of the character of contagious diseases, they are transferred from one
nation to another, have their regular periods of rise and fall, and at times sweep with
irresistible power over continents, carrying everything before them, engulfing for ages the
whole human race in the maelstrom of helpless ignorance and destructive idiosyncrasy.1
John Morlar:
Morlar has a very pessimistic and negative thinking. Morlar is viewed through the perception
of people recounting him through flashback. This makes him too abstract a concept as a
personality so we can’t really get inside his head and understand his motivations to make him
really compelling. The flashbacks to Morlar’s childhood and previous adult life are a mixed
bag. Some like the killing of his parents and others is the destruction of his school in a fire,
are more carefully developed to justify Morlar’s source of so therefore more interesting . All
the deaths and disasters were done by supernatural agencies.
Morlar has some supernatural power by which he can cause mass destruction. One of such
glimpses ( a Boeing 747-200 that crashed into a London office tower and the loss of a
manned spacecraft) was witnessed by Dr. Zonfeld, the psychiatrist.
"Better to reign in Hell than serve in Heaven," boasts Satan, the "adversary of God" in
Milton's Paradise Lost
“I’ve found a way to do God’s dirty work for him. The Royal Chieftain, the parasites,
and the whole gang of international rabble rousers, are going to beat to the Almighty
Nothing in his great Temple, to give praise for three million pound. I promise you, the
1
M. Elligner, Malleus malle ficarum – the Witche’s hammer, from Hein Online , accessed on 20th October,2018
moment they kneel to pray, I will bring the whole edifice down on their unworthy
heads.” - John Morlar.
SIGMUND FREUD
The mind is its own place, and in itself can make a heaven of hell, a hell of heaven.
—John Milton, Paradise Lost2
On the surface is consciousness, which consists of those thoughts that are the focus of our
attention now, and this is seen as the tip of the iceberg. The preconscious consists of all
which can be retrieved from memory.
Freud (1923) later developed a more structural model of the mind comprising the
entities id, ego, and superego (what Freud called “the psychic apparatus”). These are not
physical areas within the brain, but rather hypothetical conceptualizations of important
mental functions.
The id, ego, and superego have most commonly been conceptualized as three essential parts
of the human personality.
Freud assumed the id operated at an unconscious level according to the pleasure principle
(gratification from satisfying basic instincts). The id comprises two kinds of biological
instincts (or drives) which Freud called Eros and Thanatos.
Eros, or life instinct, helps the individual to survive; it directs life-sustaining activities such as
respiration, eating, and sex (Freud, 1925). The energy created by the life instincts is known as
libido.
In contrast, Thanatos or death instinct, is viewed as a set of destructive forces present in all
human beings (Freud, 1920). When this energy is directed outward onto others, it is
expressed as aggression and violence. Freud believed that Eros is stronger than Thanatos,
thus enabling people to survive rather than self-destruct.
2
John Milton, Paradise Lost Book I , England, Samuel simmons, 1966, Line 221
The ego develops from the id during infancy. The ego's goal is to satisfy the demands of the
id in a safe a socially acceptable way. In contrast to the id, the ego follows the reality
principle as it operates in both the conscious and unconscious mind.
The superego develops during early childhood (when the child identifies with the same sex
parent) and is responsible for ensuring moral standards are followed. The superego operates
on the morality principle and motivates us to behave in a socially responsible and acceptable
manner.
The basic dilemma of all human existence is that each element of the psychic apparatus
makes demands upon us that are incompatible with the other two. Inner conflict is inevitable.
For example, the superego can make a person feel guilty if rules are not followed.
When there is a conflict between the goals of the id and superego, the ego must act as a
referee and mediate this conflict. The ego can deploy various defence mechanisms (Freud,
1894, 1896) to prevent it from becoming overwhelmed by anxiety.
WHETHER THERE WAS PROPER INVESTIGATION INTO MATTER
WHERE A PERSON WAS ALMOST KILLED IN BELIEF THAT HE
HAS SUPERNATURAL POWER?
Dr. Zonfeld;
Dr. Zonfeld is a psychiatrist to whom Morlar was consulting. , She has a lot of information
about Morlar which helped Brunel to investigate the matter and helped him to understand the
mind of Morlar. She knows a lot about Morlar’s past stories and after witnessing one such
supernatural power of Morlar, she attempts to kill Morlar but he survives the attack. When
she confess to Brunel, he does not arrest her right away, as what evidence he has is not truly
enough to prove, in a court of law, that she was responsible.
Every man is subject to some sort of superstition in a greater or less degree. With some
superstition becomes the controlling element of their life, the motive of all actions that
require a higher impulse (Dr. Zonfeld attempts to kill Morlar). The tiny phantom that enters
man's mind from his childhood, becomes often a huge monster, or a spirit of benign
influence, according to the ambience which nourishes the superstition.
The following provisions from Maharashtra Act can be applied On Morlar for using
supernatural powers for causing harm to people.
(1) Under the pretext of expelling the ghost, assaulting by tying a person with rope or chain,
beating by stick or whip, to make the person drink footwear soaked water, giving chili smoke,
hanging a person to roof, fixing him with rope or by hair r or plucking his hair, causing pain
by way of touching heated object to organs or body of a person, forcing a person to perform
sexual act in the open, practicing inhuman acts, putting urine or human excreta forcibly in the
mouth of a person or practicing any such acts.
This act provide effective measures to prevent the witch practices and identification of a
woman as witch, sometime this identification and curing of witch lead to horrific crimes like
torture, humiliation and killing by the society.
We are the considered view that the prosecution has been able to prove the charges against
the accused appellant beyond all reasonable doubts and it has been able to prove that the
appellant committed the murder of the deceased by the fire arm, on the pretext that she was
practicing witchcraft.3
How do psychologists and other heroism researchers define heroism? Here are just a few of
the many suggestions put forth by various experts:
"Simply put, then, the key to heroism is a concern for other people in need—a concern to
defend a moral cause, knowing there is a personal risk, done without expectation of
reward." —Philip Zimbardo, "What Makes a Hero?"
"We've found that people’s beliefs about heroes tend to follow a systematic pattern. After
polling a number of people, we discovered that heroes are perceived to be highly moral,
highly competent, or both. More specifically, heroes are believed to possess eight traits,
which we call The Great Eight. These traits are smart, strong, resilient, selfless, caring,
3
Raju khoya Vs State of Jharkhand ,2017(3)J.L.J.R.630
charismatic, reliable, and inspiring. It’s unusual for a hero to possess all eight of these
characteristics, but most heroes have a majority of them." —Scott T. Allison and George R.
Goethals, "Our Definition of 'Hero'"
"...there does not seem to be one single defining feature that distinguishes heroes and heroic
behavior. Heroes are conceptualized diversely, and no rigid boundaries exist in this social
category. Instead, the hero concept is made up of fuzzy sets of features organized around
prototypical category members (Fiske & Taylor, 2008; Hepper et al., 2012). The most
prototypical features of heroes, identified in our research, are bravery, moral integrity,
courageous, protecting, conviction, honest, altruistic, self-sacrificing, selfless, determined,
saves, inspiring, and helpful." —Elaine L. Kinsella, Timothy D. Ritchie, and Eric R. Igou,
"Zeroing in on Heroes: A Prototype Analysis of Hero Features"
Other definitions often break heroism down by types or degrees of the personal risk and
sacrifice involved. Some involve grand acts such as endangering one's life in order to save
another person, while others are smaller, everyday acts designed to help another human being
in need.
Psychologist Frank Farley makes a distinction between what he calls "big H" heroism and
"small h heroism." Big H heroism involves a potentially big risk such as getting hurt, going to
jail, or even death. Small h heroism, on the other hand, involves things many of us do every
day; helping someone out, being kind, and standing up for justice. These things don't
typically involve personal risk on our part.
So now that we know a bit more about what heroism is, the question shifts to exactly why
people become heroes? Are there any characteristics of heroism that these individuals seem
to share? Farley suggests that there are two key factors underlying the grand acts of heroism
that involve a risk of personal harm: risk-taking behaviour and generosity. People who risk
their lives in the service of another are naturally more likely to take greater risks and they
also possess a great deal of compassion, kindness, empathy, and altruism.
Researchers have long known that both people and animals are more likely to help those to
whom they are genetically related, a concept known as kin selection. By helping those who
share our genes, we help ensure the likelihood that those genes will be passed on to future
generations. In others cases, we help others with the expectation that someday they might
help us in return, an idea known as reciprocal altruism.
But what about the kinds of altruism that don't hinge on helping relatives or expecting some
type of payback? In such cases, situational, cultural, and personality variables can play
pivotal roles. After people take heroic actions, they often claim that they don't see themselves
as hero, that they were simply doing what anyone in that situation would have done. In the
face of immediate life and death situations, the power and immediacy of the situation can
inspire some people to take action.
These same situational forces that galvanize some individuals to heroic acts can actually
impede others from helping. When a crisis arises in the presence of many people, we often
fall into a trap of inaction by assuming that someone else will offer assistance, a phenomenon
known as the bystander effect. Because personal responsibility is diffused by the presence of
others, we believe that someone else will take on the role of the hero.
Some people may also have personality traits that predispose them to behave in altruistic and
heroic ways. Researchers have suggested that those who have a particular mindset that leads
them to behave confidently and morally in difficult situations tend to act immediately and
unconsciously when an emergency occurs.
One of the biggest questions researchers face comes down to the age-old debate over nature
versus nurture. Is heroism something we are born with, or is heroism something that can be
learned? It depends on which expert you ask, but here's an opinion worth pondering:
"Some people argue humans are born good or born bad; I think that’s nonsense," explains
Philip Zimbardo. "We are all born with this tremendous capacity to be anything, and we get
shaped by our circumstances—by the family or the culture or the time period in which we
happen to grow up, which are accidents of birth; whether we grow up in a war zone versus
peace; if we grow up in poverty rather than prosperity. So, each of us may possess the
capacity to do terrible things. But we also possess an inner hero; if stirred to action, that inner
hero is capable of performing tremendous goodness for others."
BRUNEL;
A French detective who is investigates the crime. He investigates Morlar's apartment; how he
lives, gets along with neighbors, his traits; his artwork, furnishings, his writings, etc. His
writings are cryptic, obscure, dark and ominous, dealing with many past catastrophies and
disasters. The detectives find that Morlar had been seeing a psychologist (Dr.Zonfeld). He
investigates the matter with due procedure.
Vigilance Officer
(1) The State Government may, by notification in the Official Gazette, and subject to such
terms and conditions as may be specified in the notification, appoint for anyone or more
police stations, as may be specified in the notification, one or more police officers to be
known as the Vigilance Officer: Provided that, such officer shall not be below the rank of an
Inspector of Police.
(i) to detect and prevent the contravention or violation of the provisions of this Act and the
rules made There under, in the area of his jurisdiction and report such cases to the nearest
police station within the area of his jurisdiction; and upon filing of complaint to the police
station by any victim or any member of his family, to ensure due and speedy action thereon
and to give necessary advice, guidance and help to the concerned police station;
(ii) to collect evidence for the effective prosecution of persons contravening the provisions of
this Act; and to report the same to the police station of the area in which such contravention
has been or is being committed;
(iii) to discharge such other functions as may be assigned to him, from time to time, by the
State Government, by general or special order issued in this behalf.
An Act to make provision as to matters to which a court must have regard in determining a
claim in negligence or breach of statutory duty.
This Act applies when a court, in considering a claim that a person was negligent or in breach
of statutory duty, is determining the steps that the person was required to take to meet a
standard of care.
2. Social action
The court must have regard to whether the alleged negligence or breach of statutory duty
occurred when the person was acting for the benefit of society or any of its members.
3. Responsibility
The court must have regard to whether the person, in carrying out the activity in the course of
which the alleged negligence or breach of statutory duty occurred, demonstrated a
predominantly responsible approach towards protecting the safety or other interests of others.
4. Heroism
The court must have regard to whether the alleged negligence or breach of statutory duty
occurred when the person was acting heroically by intervening in an emergency to assist an
individual in danger.
. The Act contains 5 sections. The Act makes provision about civil liability for negligence
and for certain breaches of a statutory duty. It is general in its application so could apply to
claims against individuals or organisations (including employers). At present a court
considering a claim in negligence must determine whether the defendant acted reasonably,
taking into account all the circumstances of the case. A court will also take into account all
the relevant circumstances in determining whether a defendant was in breach of a duty of
care imposed by statute. A substantial body of case law has established the kinds of factors
which might be relevant to such determinations. In addition section 1 of the Compensation
Act 2006 confirms that, in considering what was necessary to meet a standard of care in a
particular case, the court can look at whether a particular requirement might prevent a
desirable activity being carried out to any extent or discourage people from undertaking
functions in relation to such an activity.
.The provisions of the Act do not change this overarching framework but require a court
which is determining what was required to meet the standard of care in a specific case to have
regard to the matters mentioned in sections 2 to 4 of the Act. The Act does not preclude the
court from having regard to any other relevant factors or from deciding what weight to give
to each of the relevant matters in determining whether the standard of care has been met.
.There is some evidence that people are deterred from participating in socially useful
activities due to worries about risk or liability. For example, “Helping Out: A national survey
of volunteering and charitable giving” in 2006/20074 found this was one of the main reasons
5
cited by respondents to the survey who did not currently volunteer. The Act forms part of
the Coalition Government's wider programme to encourage participation in civil society and
the Coalition Agreement contained a specific commitment to “take a range of measures to
encourage volunteering and involvement in social action”. 6
The idea that an unbridgeable chasm separates good people from bad people is a source of
comfort for at least two reasons.
4
Helping Out: A national survey of volunteering and charitable giving,
http://www.ivr.org.uk/component/ivr/helping-out-a-national-survey-of-volunteering-and-charitable-giving,
september 2007(accessed on 27th October 2018)
5
Overall, 47% of just under 300 respondents felt the worry about risk/liability was a reason for not
volunteering.
http://www.ivr.org.uk/component/ivr/helping-out-a-national-survey-of-volunteering-and-charitable-giving
(accessed on 27th October 2018)
6
“The Coalition: our programme for Government” , http://www.ivr.org.uk/component/ivr/helping-out-a-
national-survey-of-volunteering-and-charitable-giving, May 2010 (accessed on 27th October 2018)
First, it creates a binary logic, in which Evil is essentialized. Most of us perceive Evil as an
entity, a quality that is inherent in some people and not in others. Bad seeds ultimately
produce bad fruits as their destinies unfold. We define evil by pointing to the really bad
tyrants in our era, such as Hitler, Stalin, Pol Pot, Idi Amin, Saddam Hussein, and other
political leaders who have orchestrated mass murders. We must also acknowledge the more
ordinary, lesser evils of drug dealers, rapists, sex-trade traffickers, perpetrators of fraudulent
scams on the elderly, and those whose bullying destroys the well-being of our children.
Upholding a Good-Evil dichotomy also takes "good people" off the responsibility hook. They
are freed from even considering their possible role in creating,
The Psychology of Evil 7 sustaining, perpetuating, or conceding to the conditions that
contribute to delinquency, crime, vandalism, teasing, bullying, rape, torture, terror, and
violence.
"It's the way of the world, and there's not much that can be done to change it, certainly not by
me."7
7
Philip Zimbardo ,Lucifer Effect(understanding how people turn Bad), New York, Random Publishing
House,2007,page no. 19
CONCLUSION
These moral epidemics spread with an inconceivable rapidity and affect communities.
Did we not witness in this country the persecution of a class of people by the whole
community, because some persons spread the report that they were dangerous to society in
general? Do not thousands of people pilgrims to out-of-the-way places because a foolish girl
or a man with an unusually fervid imagination claims to have seen or been in communication
with heavenly beings? Is not miracle worship recognized yet as a religious worship
compatible with our era, our ideas, our advanced society?8
Illogical measures, draconian regulations cannot stop the sources of these diseases in this
modern century; they can only be eradicated by cutting the root in which they alone can
prosper, that is credulity and ignorance. Education and knowledge are the only agents that
can purify the society in which such abnormal appearances are possible.
If I am permitted, I will at some future time give a sketch of the history of the period of' the
persecution of witches, the character of the various delusions under which the various
communities seemed to labour, and of the pseudo-sciences that for a long time figured in the
annals of culture as a real knowledge, such' as alchemy, magic, Kabbalah, and others.
The past of a human being changes his psychology and there are lot of remedies the legal
world is providing.
8
M. Elligner, Malleus malle ficarum – the Witche’s hammer, from Hein Online , accessed on 20th October,2018