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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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MOVERS & SHAKERS

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

Ward Hadaway—Matthew Morton

Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

Thomson Hayton Winkley—Nina Hood

Thomson Hayton Winkley—Nina Hood

Cumbria firm appoints new head of residential property

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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