Magical Contracts

Other than the goblet itself in [the Goblet of Fire], we do not see any magical contracts in the canonical works. That is, unless you count the so called "Unbreakable Vow" as a contract. I, like other authors,¹ believe that this is, in fact, a second example of a magical contract. There are a number of problems with this concept, and a few different authors have poked at some of these, some of whom have done so quite well.²

Analysis

Given that magical contracts exist, you could even see the logic behind cbsmith17's [unfinished story][ttpbc] in which they are used to protect children from being trapped by still worse contracts. Magical society over the centuries has probably learned to its horror that marriage contracts are dangerous things. That would not stop someone like a [Malfoy] from being short sighted in a desire to hurt an enemy. It is also probably something that magical society tried more than once, and probably eventually figured out something around, since in non-magical society, they were common.³

Further, again, given that magical contracts must exist, it makes sense that wizards would sign them in blood. Not necessarily that they would need to be signed in blood, the Goblet did not require any blood for example, but that a culture obsessed with bloodlines, and which thinks that magic resides "in the blood," would think that a contract would gain power from being signed that way. So it makes sense that many fan fiction authors have disregarded Mrs. Rowling's claim that [Umbridge] created the quill she forces [Harry] to use herself.⁴ One possible explanation is that there is such a thing as blood quill in the magical world, but that she has cursed hers to scar. Considering the number of contracts that a person might need to sign over the course of a long life, you would not want your name scratched on the back of your hand after all.

There are a several of key points that need to be established that Mrs. Rowling has left badly undefined.

Consent

Unbreakable Vows are performed with a sort of mini ritual. The Goblet of Fire apparently lets anyone (since it was not even actually a teacher who drops [Harry]'s name in) drop any name in. What is required for a contract to form?
Can you be tricked into signing? Can you be perhaps tricked in that you know you are signing a contract, but you failed to read, or failed to understand, the terms? Can magic be used to conceal the terms? Can magic be used to compel you to sign? Is a signature under duress a binding consent (in this society the law would follow the magic)? Who can sign for a minor (i.e who can put [Harry]'s name in the Goblet)?

Limitations

The consequences of breaching the magical contract in Goblet of Fire are not defined. It is implied that it is either impossible or severe, it is certainly unclear which. Are contracts only limited by the imagination of the author (of the contract)?

Durability

This is related to both of the preceding two concerns. Can a contract be inherited? In United States law there are limitations on how, when, and to what extent debt can be inherited. One favourite idea in many fan fiction stories is for a marriage contract to have been written generations ago, but in vague terms. For example a patriarch of family X might write one for "a daughter of family X" rather than for a specifically named individual. This would allow you to write a contract that would eventually be fulfilled when eventually a birth takes place, that child grows up, and gets married. In an age with high child mortality, leaving the child unspecified might seem attractive if you are using a marriage between clans as a method to bring an end to conflict. Both clans would be magically bound to what is effectively a treaty between them so long as any child, including any future child might possibly someday match the conditions.

Applicability

How frequently were they used? In what situations? Was it common to make every contract magically enforced? Or only "special" contracts? Are marriages regularly magically binding? If so, how frequently are other contractual terms (for example a dowry) included?

Fan Use

Magical contracts are a reasonably popular theme in fan fiction. They are frequently used to set up unrealistic pairings, many of them between [Hermione] and some unpleasant adult; I do not read those. Based on the number of results, many authors are really disturbed. My own reaction is that it simply cannot be actually all that easy to trap someone into a magical marriage contract, or, to more accurately name what at least some of these authors intend, a magical slavery contract. Not that such contracts cannot exist, it simply cannot be easy to end up bound to one by some unrelated third party. The history of [Ministers of Magic] is replete with examples of Ministers with strong biases against non-magical families, and those from such backgrounds. If such things were easy to achieve, it would be so common as to have forced either outraged families to outright rebel, or the development of a now equally common magical counter. So either those who might use such tactics, or essentially anyone with magic, would have been eradicated in either vengeance or self-defense, or [Hermione]'s go-to solution of looking in the library would turn up the well known counter tactic.

Of the ones that are not focused on marriage contracts, most focus solely on the Goblet itself, but there are a few in which the author has decided to poke at the fact that it seems to be ridiculously easy to get someone into trouble with a magical contract. Some of these are amusing.

Perhaps the oddest aspect of these stories is a single inconsistency. One of the more frequent plot lines is that there is a marriage law passed, and for whatever reason it is actually possible to compel people to obey it and contract marriages under this law. Occasionally you see a work in which so long as you do get married within some relatively short timeframe of turning some particular age, you may chose to whom you get married. This age will typically be chosen to include [Harry] and exclude [Ginny]. Then in a fit of incredible illogic the author will ignore the fact that [Ginny] is only one year younger, will be affected by the law in the next year, and that whatever conditions existed to trigger the law will certainly persist into the next year. Despite this, [Ginny] and her family will insist that she is too young to get married, and that [Harry] must look elsewhere for his bride.⁵

In a world where magical contracts can in fact be binding, I can see how laws might have their basis in an ancient contract, and thus be magically self-enforcing. It is thus possible that a marriage law might actually have devastating consequences if not generally obeyed. Such a law would necessarily be an old one that for whatever reason gets triggered rather that being constantly in effect. However, once it has been triggered, the idea that [Ginny] would irrationally ignore it while her friends and family are affected and groundlessly hope not to be affected in the next year is a step too far. Firstly because in a world where magical contracts exist, getting stuck into an unwanted marriage would be on the short list of nightmares for girls.⁶ Secondly because [Ginny] cares deeply for her family, and would be too involved in the impact to them not to see it coming for her. Thirdly because the research that [Hermione] would inevitably do in such a situation would certainly uncover that there was no escape for not just [Harry] and [Hermione], but also for [Ginny].

[Ginny]: </Harrypedia/people/Weasley/Ginevra Molly/>/ [Hermione]: </Harrypedia/people/Granger/Hermione Jean/>/ [Harry]: </Harrypedia/people/Potter/Harry James/>/ [Umbridge]: </Harrypedia/people/Umbridge/Dolores Jane/> [Malfoy]: /Harrypedia/people/Malfoy/ [Molly]: /Harrypedia/people/Prewett/Molly/ [ttpbc]: https://www.fanfiction.net/s/13987875/ [Ministers of Magic]: https://www.rowlingindex.org/work/msmpm/ [the Goblet of Fire]: https://www.librarything.com/work/113