The Effectiveness, Impact, and Costs of the Law

Welcome to a critical chapter in your Law studies! So far, you have learned what law is and where it comes from. Now, we turn into evaluators. This chapter asks the crucial question: How well does the law actually work?

Understanding the effectiveness, impact, and costs of the law is vital because it helps us identify weaknesses in the English Legal System (ELS) and propose necessary reforms. This skill—critical evaluation—is essential for achieving top marks in your exams!


Section 1: Measuring the Effectiveness of Law

Effectiveness refers to the law's ability to achieve its intended purpose. If a law is passed to stop deforestation, but deforestation continues, the law is not effective.

Key Criteria for Effectiveness

The law must succeed in four main areas to be considered truly effective:

  1. Deterrence: Does the law stop people from breaking rules?
    • General Deterrence: Punishing one person discourages the general public. (Example: A high-profile murder conviction reminds everyone of the severity of the law.)
    • Specific Deterrence: Punishing an offender stops that specific individual from offending again.

    Did you know? Many studies suggest that the certainty of being caught is a stronger deterrent than the severity of the punishment.

  2. Achieving Justice: Does the outcome feel fair, both for the individual and for society?
    • This involves Substantive Justice (is the law itself fair?) and Procedural Justice (are the rules of the court fair?). An effective system must have both.
  3. Public Acceptance and Compliance: Is the law respected, understood, and obeyed by the majority of the population?
    • If law enforcement must constantly force compliance, the law is less effective. High levels of voluntary compliance suggest high effectiveness.
  4. Protecting Rights and Freedoms: An effective legal system ensures that fundamental human rights and civil liberties are upheld and protected from government overreach.

Quick Review: Effectiveness is about achieving the GOALS of the law (justice, deterrence, order, rights).


Section 2: The Impact of Law

The impact of the law refers to the actual consequences—the difference it makes in society—which can be both positive and negative, intended or unintended.

Positive Impacts of the Law
  • Social Control and Order: The law provides predictability. If you know the rules, you can operate within society safely (e.g., knowing property rights allows for trade).
  • Protection: Laws protect the vulnerable (e.g., child protection laws, health and safety regulations).
  • Economic Function: Laws provide a framework for business (e.g., Contract Law and Company Law stabilize markets and reduce risk).
  • Conflict Resolution: The court system provides a peaceful way to resolve disputes, preventing violence or self-help remedies.
Negative and Unintended Impacts

Sometimes, a law designed for good creates problems elsewhere.

  • Bureaucracy and Complexity: New laws often require complex administrative systems, leading to time delays and frustration (a cost factor, too!).
  • Stifling Innovation: Very strict regulations (e.g., environmental or data protection laws) can sometimes make it harder or slower for businesses to innovate and grow.
  • Creating New Forms of Crime/Evasion: When the law attempts to ban something, it often pushes the activity underground, making it harder to regulate or tax (e.g., illegal drug markets).
  • Unfair Mandatory Outcomes: Laws that mandate a specific minimum sentence can sometimes lead to grossly unfair results in exceptional circumstances, reducing justice.

Key Takeaway: Law is a tool, and like any tool, it can have side effects. A good legal critique assesses both the intended positive impact and the unintended negative consequences.


Section 3: The Costs and Barriers to Effectiveness

The "costs" of the law are not just financial. They include all barriers that prevent citizens from accessing justice, reducing the overall effectiveness of the system. This section is often called Barriers to Justice.

Don't worry if this seems tricky at first—just remember that the English Legal System is powerful, but it's not perfect!

Memory Aid: Think of the key barriers as T.A.C.E.

  1. Time
  2. Awareness / Acceptance
  3. Cost
  4. Excessive Complexity
A. Financial Costs (Cost)

The most obvious barrier is money. Legal advice is expensive, often pricing out ordinary citizens.

  • Legal Fees: Solicitors and barristers charge high hourly rates because of their specialist knowledge.
  • Court Fees: Starting a civil claim often requires significant upfront payments to the court itself.
  • The Legal Aid Crisis: The state provides funding (Legal Aid) for legal representation for those who cannot afford it. However, significant cuts to legal aid in the 21st century (especially for civil matters) mean many people no longer qualify for funding, severely limiting Access to Justice.
  • Impact: People must represent themselves (Litigants in Person), leading to slower trials and often poorer outcomes because they lack legal expertise.
B. Time and Delay (Time)

Justice delayed is often justice denied. Long waiting times decrease the system's effectiveness.

  • Court Backlogs: Too many cases and too few judges/courtrooms lead to severe delays, sometimes lasting years.
  • Complexity of Procedure: Preparation for a case, especially in criminal trials, requires lengthy disclosure (sharing evidence) and detailed administrative steps.
  • Impact: Witnesses forget details, evidence degrades, and the stress on victims and defendants increases, leading to loss of trust in the system.
C. Complexity and Volume (Excessive Complexity)

The sheer volume and difficulty of the law make it inaccessible.

  • The law comes from Parliament (Statutes) and Judges (Case Law). Both sources create highly technical and often contradictory rules.
  • Lawyers are needed because the rules are too complex for the average person to navigate. This is circular: complexity drives up cost, which limits access.
D. Public Awareness and Understanding (Awareness / Acceptance)

How can the law be effective if people don't know what it requires?

  • Ignorance of the Law: While the principle “Ignorance of the Law is no excuse” applies, a lack of public knowledge about rights (e.g., consumer rights, employment rights) means those rights cannot be fully enforced.
  • Fear and Intimidation: The formal setting of the courts, use of archaic language, and unfamiliar procedures can intimidate vulnerable users, discouraging them from seeking justice.

Quick Review Box: Barriers to effectiveness make the law less effective by denying Access to Justice. The main barriers are high costs, extreme time delays, and dense complexity.


Summary and Final Thoughts

To conclude, the English Legal System is a crucial foundation for society, providing order and resolving disputes. However, its effectiveness must be constantly evaluated based on how well it manages the competing demands of cost, time, and fairness.

When you analyze any area of law in your future studies, always ask:

  • Is this law achieving its goal (Effectiveness)?
  • What are the positive and negative side effects (Impact)?
  • Does the system in which this law operates place unfair barriers on people (Costs)?

Mastering this critical approach will help you excel in your Law exams!