Stay in School: An Analysis of Scholastic Sanctuary in His Dark Materials

The long anticipated television adaptation of Phillip Pullman’s His Dark Materials series is finally here. Like HBO’s other major fantasy drama, Game of Thrones, His Dark Materials exists in its own world, with its own laws and lexicon. The concept of scholastic sanctuary in particular is front and center in the pilot episode, “Lyra’s Jordan.”

The episode opens during the Great Flood, with Lord Asriel (James McAvoy) arriving at Jordan College in Oxford with his infant niece, Lyra Belacqua. He leaves her in the care of Dr. Carne (Clarke Peters) invoking the protection of scholastic sanctuary. In this context, scholastic sanctuary appears to have some element of infant safe haven law attached to it.

Infant Safe Haven laws are state laws which have been enacted to address infant abandonment concerns and prevent infants from being left in places that pose a threat to their health and safety. They exist in some form in all 50 states and the District of Columbia. These laws allow parents to relinquish newborn infants at certain locations without fear of prosecution within a certain time period after the infant’s birth. The statutes also discuss the liabilities and responsibilities of these safe havens–hospitals, fire stations, etc— have with regard to the relinquished newborn. Baby Lyra seems to fit within at least two states’ safe haven period as she appears to be less than a year old when Asriel carries her through the flooded Oxford campus. What is less clear, are the responsibilities and liabilities Dr. Carne and Jordan College have with regards to taking Lyra in under the veil of scholastic sanctuary. 

Dr. Carne tells Asriel that Jordon College is “not suitable for a child.” However, it appears that as Asriel invoked scholastic sanctuary, the college has the responsibility of sheltering baby Lyra from whatever it is outside the college that endangers her. This privilege seems to be so absolute that Asriel feels confident leaving his niece in the hands of the Master before taking off again. 

Whether this initial guarantee of protection was indefinite, or whether at some point, between the relinquishment by Asriel and the cut to present day, a guardianship agreement was drafted in which Dr. Carne became Lyra’s legal guardian, remains to be seen. We clearly see that the Master’s responsibilities and duties have expanded beyond mere protection to full-fledged guardianship. 

The concept of scholastic sanctuary becomes even more complicated when it is next brought up by the Librarian. He tells Lyra that if not for scholastic sanctuary, neither of them would be there. It’s unclear whether he means alive in general or just enjoying all that Jordan College has to offer. The Librarian also hints that scholastic sanctuary was a privilege that had to be earned and one that “must not be abused.” According to the HDM wiki, scholastic sanctuary is “the idea of giving sanctuary to an individual at a scholastic place.” The traditional Latin invocation of scholastic sanctuary in the HDM series, gives us a bit more information, it speaks of “legem de refugio scholasticorum” (the laws of refuge of scholastics) and seeks the “protectionem tegimentumque huius collegii” (protection and shelter of this college). While it’s not a whole lot, it does indicate that the law of scholastic sanctuary operates as a quasi refugee and/or sensitive location law. How similar to either would depend on whether the Magisterium, which presumably governs the right of scholastic sanctuary, operates on a federal-like system or is a more international body, akin to something like the United Nations. 

The 1951 UN Convention on the Status of Refugees, and its 1967 protocol, defines who a refugee is, sets out the rights of individuals who are granted asylum and the responsibilities of nations that grant asylum to refugees. It was initially enacted to protect the European refugees displaced as a result of WWII. The key element here being the responsibilities of those nations who accept refugees, known as “contracting states.” The convention sets out the basic treatments and protections of refugees who are granted asylum. This seems to be a bit of a broader concept than scholastic sanctuary. Although, one can assume that the privilege of scholastic sanctuary has been written down in some form of law governed by the Magisterium. This document also presumably indicates who and what may be protected by scholastic sanctuary, what the responsibilities are of the academic institution providing the sanctuary, and most importantly what goes beyond the protection of scholastic sanctuary. We see this later in the episode when Lord Carlo Boreal meets with Father MacPhail. The two discuss Asriel’s declaration that he can see a hidden city in the Dust. Father MacPhail asks whether “the Master of Jordan College risks him saying as much?” Boreal simply responds, “scholastic sanctuary.” Father MacPhail goes on to wonder whether the Master can be “so naive as to imagine that scholastic sanctuary protects him from the accusation of heresy.” This is our first indication that scholastic sanctuary is not an absolute protection. 

Another possibly applicable legal doctrine is that of “sensitive locations.” Sensitive locations refers to a Department of Homeland Security policy that governs the U.S. Immigration and Customs Enforcement Agency (ICE) and its procedures regarding arresting undocumented individuals. The policy prohibits enforcement actions at so-called sensitive locations, including places of worship, schools, and hospitals, except in “limited circumstances.” It is a policy intended to “to enhance public understanding and trust, and to ensure that people seeking to participate in the activities or utilize the services provided at any sensitive location are free to do so, without fear or hesitation.” Similarly, it appears that scholastic sanctuary prevents the Magisterium from going after those who are under the protection of the college, except when it comes to the crime of heresy. 

What will be interesting to see as the series continues is whether the writers plan to take a political stance and use how the Magisterium chooses to enforce or not enforce scholastic sanctuary as a mirror to the current issues we see with ICE and the sensitive locations policy. It can be assumed that Lord Asriel’s decision to continue investigating the Dust and the hidden city will no doubt factor in any future treatment of scholastic sanctuary by the Magisterium.