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29 November 2013 / Toby Frost
Issue: 7586 / Categories: Features
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Future proof?

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Toby Frost examines the approaches that science fiction takes to the rule of law

Much science fiction is set in a lawless world. Most obviously, there are other planets, whether airless moons or extravagant jungles, where the rule of law simply doesn’t exist. In space, as the saying goes, no-one can hear you scream, let alone apply for permission to appeal. But there are also the dystopias, where the true rule of law is displaced by the rule of brute force.

 

The police state

From George Orwell’s 1984 to Judge Dredd in the comic 2000 AD, science fiction has been haunted by the police state. What might at first look like an excess of law is usually a lack of it: without precedent to bind them or the courts to provide protection to the citizen, the futuristic police are able to torture and kill as they please. In Margaret Atwood’s dystopia The Handmaid’s Tale, the narrator explains that lawyers are no longer needed when the nation is run by a theocracy representing

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NEWS
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
Arbitration may be private, but its confidentiality is no impenetrable shield. Writing in NLJ this week, James Glaysher of Kingsley Napley examines when courts will permit arbitral material to surface in open litigation
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

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