Check out Mateusz Pekala and Mateusz Stepieri, The Relationship Between Law and Magic: Preliminary Remarks, published in Towards an Anthropology of the Legal Field: Critiques and Case Studies (T. Ledvinka, ed., Prague, 2012), at 24-34.
It's a thoughtful explanation of how law and magic, seemingly disconnected are related through the lens of anthropology;,it includes a review of various legal approaches to the treatment of magic and a definition of "magic," (in order to get the discussion moving). The authors also present a straightforward review of the problem facing legislators and judges: how do societies, and their legal regimes, differentiate between genuine belief, which might include practices that look magical, and therefore objectionable, but need protection, and fraudulent behavior and practices, which look awfully similar and also objectionable, and don't need protection?
Comments