NCJ Number
53492
Journal
Northwestern University Law Review Volume: 71 Issue: 6 Dated: (1977) Pages: 767-782
Date Published
1977
Length
16 pages
Annotation
THE ADVERSE EFFECTS OF THE INCREASING EXPANSION OF THE NUMBER OF LAWS ARE DISCUSSED, THE CAUSES OF THE EXPANSION INDICATED, AND REMEDIES PROPOSED.
Abstract
IT IS NOTED THAT NEW STATUTES, REGULATIONS, AND ORDINANCES ARE INCREASING AT GEOMETRIC RATES AT ALL LEVELS OF GOVERNMENT. THE SAME IS SAID TO BE TRUE OF REPORTED DECISIONS BY COURTS AND ADMINISTRATIVE AGENCIES. INCREASED GOVERNMENT COSTS, A CLOGGED LEGAL SYSTEM, THE IMPOSSIBILITY OF EVENHANDED LAW ENFORCEMENT, A DECLINE IN RESPECT FOR THE LAW, INCREASED COSTS FOR PRIVATE BUSINESS, THE UNDERMINING OF DECISIONMAKING BY LEGAL PRECEDENTS, A DECREASE IN FLEXIBILITY FOR IMMEDIATE AND CREATIVE RESPONSE TO SOCIAL AND ECONOMIC NEEDS, AND THE EXPANDED OPPORTUNITY FOR TECHNICAL DEFECTS IN COURT PROCEEDINGS THAT ALLOW FOR APPEALS AND MISTRIALS ARE DISCUSSED AS THE DESTRUCTIVE CONSEQUENCES OF 'HYPERLEXIS.' THE FOLLOWING CAUSES ARE INDICATED IN THE DIAGNOSIS OF 'HYPERLEXIS': (1) A FEDERAL SYSTEM WHOSE STRUCTURE OF BUREAUCRACY GENERATES MORE LAWS PRODUCING AGENCIES THAT GENERATE MORE LAWS, (2) EXPANDED GOVERNMENT CONTROL OF THE PRIVATE SECTOR, (3) THE LEGAL MANDATE FOR GOVERNMENT TO PRODUCE EQUALITY AMONG THE CITIZENRY, (4) THE BELIEF THAT GOVERNMENT MUST ELIMINATE THE RISKS OF LIFE, (5) A CONCERN FOR DUE PROCESS AND FAIRNESS IN GOVERNMENTAL PROCEDURES AND COURT PROCESSES, (6) THE NEED TO GIVE LEGAL STRUCTURE TO EVERY PROBLEM AND DISPUTE, (7) THE EFFORTS OF INTEREST GROUPS TO CONTROL EVENTS ACCORDING TO THEIR OBJECTIVES, (8) THE PERFORMANCE OF ELECTED REPRESENTATIVES MEASURED BY LEGISLATION PASSED, (9) RAPID TECHNOLOGICAL AND SOCIAL CHANGE, AND (10) A LACK OF CONTROL ON THE EXUBERANCE OF LEGISLATIVE ACTIONS. PUBLIC EDUCATION IS RECOMMENDED THAT WILL ACQUAINT CITIZENS WITH THE COSTS OF EXPANDED LEGISLATION, THE LIMITATIONS OF LAW FOR CHANGING HUMAN BEHAVIOR, CERTAIN NEGATIVE SIDE EFFECTS OF INCREASED LEGISLATION, AND THE FACT THAT MANY PROBLEMS ARE NOT AMENABLE TO LEGAL SOLUTION. A PUBLIC INTEREST GROUP ON THE STATE OF THE LAW, COST RESEARCH ON THE IMPACT OF PARTICULAR LEGISLATION, 'SUNSET' LAWS, PROGRAM EVALUATION, DECRIMINALIZATION, AND INSTITUTIONAL CHANGE ARE AMONG THE REMEDIES DISCUSSED FOR AN EXCESSIVE PROLIFERATION OF LAWS THAT CAN PROVE TO BE ULTIMATELY DESTRUCTIVE OF INTENDED OBJECTIVES. NO REFERENCES ARE INCLUDED. (RCB)