Law’s Imperfect Governance: A Diagnosis of Discontent

Publication Date: 01/01/2025

Pages: 3-21

DOI: 10.1017/9781009522519.003

Abstract:

Law’s governance seemingly faces an uncertain future. In one direction, the alternative to law’s governance is a dangerous state of disorder and, potentially, existential threats to humanity. That is not the direction in which we should be going, and we do not want our escalating discontent with law’s governance to give it any assistance. Law’s governance is already held in contempt by many. In the other direction, if we pursue technological solutions to the imperfections in law’s governance, there is a risk that we diminish the importance of humans and their agency. If any community is contemplating transition to governance by technology, it needs to start its impact assessment with the question of whether the new tools are compatible with sustaining the foundational conditions themselves.

Source: Scopus