header-logo header-logo

A legal path to injustice?

22 November 2024 / John Gould
Issue: 8095 / Categories: Opinion , Rule of law , Profession
printer mail-detail
197691
In a system ruled by immoral leaders, it may be fanciful to believe that lawyers can or will make a difference: John Gould considers a chilling lesson from history

As lawyers, we pride ourselves that we are independent, act with integrity and uphold the rule of law. However, history suggests that when the law itself is captured by immoral or illiberal forces, lawyers and judges may become more or less reluctant servants of the new order.

Dictatorship is not necessarily the product of violence or revolution; sometimes it grows out of democratic constitutions in states which espouse the rule of law and have embedded within them independent lawyers and judges. Although the decline into autocracy may be incremental, that does not mean it is inevitably slow. A handful of years can be enough for even the most civilised of societies to be subverted.

Law is a system of governance by which politics is played out. A legalist philosopher might have said that law and morality should be completely separate because

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Winckworth Sherwood—Tim Foley

Winckworth Sherwood—Tim Foley

Property litigation practice strengthened by partner hire

Kingsley Napley—Romilly Holland

Kingsley Napley—Romilly Holland

International arbitration team specialist joins the team

Red Lion Chambers—Maurice MacSweeney

Red Lion Chambers—Maurice MacSweeney

Set creates new client and business development role amid growth

NEWS
Property lawyers have given a cautious welcome to the government’s landmark Bill capping ground rents at £250, banning new leasehold properties and making it easier for leaseholders to switch to commonhold
Four Nightingale courts are to be made permanent, as justice ministers continue to grapple with the record-level Crown Court backlog
The judiciary has set itself a trio of objectives and a trio of focus areas for the next five years, in its Judicial Diversity and Inclusion Strategy 2026-2030

The Sentencing Act 2026 received royal assent last week, bringing into law the recommendations of David Gauke’s May 2025 Independent Sentencing Review

Victims of crime are to be given free access to transcripts of Crown Court sentencing remarks, the Ministry of Justice (MoJ) has confirmed
back-to-top-scroll