The Demise of Legality
In an essay called "The Twilight of Legality," John Gardner theorises the demise of legality in the modern age. He describes the increasing invasion of legislative regulations in every aspect of life. Think, the complicated and mistake-prone process of filling out your taxes, requirements to link government IDs to your bank account, or intellectual property rights and their muddy disputes. Gardner sees this barrage of legal paraphernalia as antithetical to democratic justice and freedom. He calls the current state of affairs, in the twilight of legality, 'juridification,' and explicates its two axes:
1. The sheer breadth of laws renders "the law" in its entirety, unknowable.
2. This vastness means that the law cannot be enforced evenly.
Selective judicial enforcement operates with biases, fears, and vested interests. Powerful groups can exploit the vastness of law to further their particular ends, while marginalised groups are disproportionately vulnerable to eccentric enforcement. In a juridified climate, citizens are turned into large moving targets acting within the omnipotent framework of ever-burgeoning laws. So, the law has become an unwieldy tool of the ruling class. Perhaps it has always been this way, but well, size matters – and in the case of the law, the bigger it gets, the less fair it becomes.
In Taylor Swift's 72 Questions with Vogue, back in 2014, when asked "What advice would you give to anyone who wants to become a singer?" she replies, "um, get a good lawyer." In what follows, I show that juridification is a weapon in Taylor Swift's arsenal. And metaphorically speaking, juridification has done to legality what Taylor Swift has done to culture.
Notes:
Folksonomies: legality critical theory
Taxonomies:
/law, govt and politics (0.933177)
/law, govt and politics/government (0.747926)
/law, govt and politics/government/legislative (0.742694)
Concepts:
Law (0.995989): dbpedia_resource
Intellectual property (0.993815): dbpedia_resource
Citizenship (0.870320): dbpedia_resource
Liberty (0.836180): dbpedia_resource
Regulation (0.775056): dbpedia_resource
Metaphor (0.774390): dbpedia_resource
Legislature (0.766405): dbpedia_resource
Conflict of interest (0.722054): dbpedia_resource
Triples
Legality Impacted by Complexity
Juridification is the Enemy of Legality > Summary > The Demise of LegalityWhen there are too many laws and the code becomes unnavigable, only the wealthy or those in power can enforce them to their own benefits and prejudices.