When the people who have power in our society can have an influence in law making, the laws that get created will not maintain the appearance of equality and the elites in society can lobby and eventually criminalize the poor.
The laws will start to benefit the big corporations (elites). This is well illustrated in Stan Cohen’s concept of the moral panic. A moral panic refers to the reaction of a group within society (elite) to the activities of a non elite group. The targeted group is seen as a threat to society also referred to as the folk devil.
Here we can see here how child welfare law is not applied equally to everyone. In this particular instance the child welfare law is benefiting the people with means.
Comack states; “While the pivotal point in the rule of law is ‘equality of all before the law’, the provision of formal equality in the legal sphere does not extend to the economic sphere. Thus, the law maintains only the appearance of equality because, it never calls into question the unequal and exploitative relationship between capital and labour.” This statement implies that the law is in place to be neutral. Therefore, the law would apply equally to everyone, including both the working and elite class. It can be said that in today’s society we have the marketization of law making.
Marketization of law making is a process that enables the elites to operate as market oriented firms by changing the legal environment in which they operate in.
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