I have some brief questions about the Elder Scrolls in terms of magic.
It is basically considered illegal to capture the souls of humans and elves, correct?
If so, why can you capture the souls of ghosts? Aren't ghosts essentially disembodied spirits.
Also, how can you capture the souls of skeletons?
This debate comes up a lot around here, and usually comes around to the definition of a soul, and whether the ghosts and skeletons are actually the spirits of dead people or some other form of energy is used to animate them. Another theory is that it's all game mechanics.
I personally feel like the energy that's used to animate a ghost or skeleton isn't an actual person's soul, usually. When a Wraith or a Ghost is left behind, it's not the entire soul but an angry and malcontent portion of it. Game mechanics conflicts with this, though, since there's a Wraith in Knights of the Nine whom can be killed and soultrapped, and yet his spirit appears, cleansed, in the Priory soon afterwards.
Liches present another problem...they never really died, and still have their soul, but can be soul trapped. Perhaps their blasphemy caused Arkay's protection to abandon them. However, Vampire NPCs can't be soul trapped in either Morrowind or Oblivion, implying that despite their perverse existence, Arkay hasn't abandoned them. I would call this a game mechanic purely. I think Arkay abandons any entity which makes perverse and unnatural attempts to extend their life. Creatues like werewolves, vampires and liches are no longer human/elf/beast person.