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harry potter - Who was the rightful owner of the Sword of Gryffindor?



Who was the rightful owner of the Sword of Gryffindor?



‘So where is it?’ Harry asked suspiciously.

‘Unfortunately,’ said Scrimgeour, ‘that sword was not Dumbledore’s to give away. The sword of Godric Gryffindor is an important historical artefact, and as such, belongs –’

‘It belongs to Harry!’ said Hermione hotly. ‘It chose him, he was the one who found it, it came to him out of the Sorting Hat –’

‘According to reliable historical sources, the sword may present itself to any worthy Gryffindor,’ said Scrimgeour. ‘That does not make it the exclusive property of Mr Potter.’

Deathly Hallows - page 109 - Bloomsbury - chapter seven - The Will of Albus Dumbledore



Scrimgeour doesn't go on to say the Sword of Gryffindor belongs to the Ministry, although he does say it does not belong to Harry. Even so, I'm sceptical enough of the Ministry's motives to conclude that a case could probably be made for Harry being the sword's rightful owner. But was he?


Is there a canon answer to this question? If not a direct answer from the books, a speculative answer in the spirit of canon is welcome.


Who was the rightful owner of the Sword of Gryffindor?



Answer



Western Law and the Right of Property


Without a copy of the wizard world's equivalent of the "Commentaries on the Laws of England", it's impossible to determine who the true owner of the sword would be. If, however we assume that the laws are broadly equivalent to English Common Law then the answer is actually pretty straightforward:



Blackstone's commentary states that...



"...things personal...are goods, money, and all other movables which may attend the owner's person wherever he thinks proper to go".



Since Godric Gryffindor was instrumental in creating the Sorting Hat for the exclusive use of Hogwarts and since he subsequently enchanted the Sword to appear within the hat in times of need, it follows that the sword can be treated as a bequest of assets to the School.


As Headmaster, it's highly unlikely that Dumbledore has the authority to dispose of a valuable asset belonging to the School without the express permission of the School's Board of Governors. This means that the most likely answer is that the sword is (and remains) the property of Hogwarts School of Witchcraft and Wizardry in perpetuum until such time as it is disposed of in a lawful manner.



With regard to Scrimgeour's decision to take the sword into custody, it's highly likely that the Ministry of Magic has sufficient legal authority to justify (temporarily) confiscating it in a time of national crisis. This wouldn't affect who the ultimate owner was and they could expect to have it returned once the crisis was at an end.


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