The Unbearable Legalistic Drift of Modern Society

Soft disclosure: I'm a lawyer by training, and I still practice law. I'm the first to acknowledge that society needs laws and lawyers to function, and I personally enjoy my work because of the challenge it gives me and the positive impact I can have on my clients. This is a complaint about a new trend I perceive, not a sweeping invective against the legal system as a whole.<br><br>--<br><br>Modern society is suffering from a legalistic drift, where social and interpersonal problems are increasingly being framed as questions of legal rights and obligations rather than as moral, spiritual, or philosophical issues. <br><br>On the face of it, this seems like a good thing: resorting to the courts is one of the most peaceful ways for people to resolve disputes, and the law is supposed to be a neutral arbiter that keeps social relations fair and safe. <br><br>But as the complexity of societal issues increases exponentially, the courts struggle to provide effective solutions. Meanwhile, polling after polling indicates that citizens' trust in the justice system is eroding, and people feel that resorting to the courts isn't about seeking justice anymore but about hiring a lawyer to engage in expensive, draining, and often futile battles. Furthermore, the courts are overwhelmed: in some jurisdictions, civil cases can easily take 2-5 years to be heard, and criminal cases can take even longer.<br><br>Given this context, why does it seem like everybody wants to rush to the courthouse more than ever, over issues both big and small? Social media seems to exacerbate this: posts asking some form of "am I in the wrong?" are incredibly popular, with thousands of replies from strangers who have no idea about the facts of a situation but who try to guide the original poster toward litigation under the assumption that they must always aggressively defend their "rights" at all costs.<br><br>Legalistic drift creates a culture where people begin to perceive everything as a source of potential legal conflict. People fear talking to each other because one misinterpreted phrase could become the foundation of a lawsuit. They fear cooperating or compromising because they worry that they'll be "giving up their rights". This mentality breeds hostility and polarization, making it difficult to resolve conflicts in a constructive manner.<br><br>It's also distorting our collective sense of morality and ethics: when faced with an issue, our first thought should not be "what are my rights in this situation?" but rather "what is the right thing to do?". The former question might help you determine whether you have legal recourse if somebody else is in the wrong, but the latter question is what guides your own behavior in a way that is ethical and virtuous.<br><br>Furthermore, this approach often fails to deliver on its promise of providing justice and closure. Litigation can be incredibly expensive, making it inaccessible to people who cannot afford it. Moreover, the stress, anxiety, and time it requires can be overwhelming. For many, the end result is a sense of disillusionment with the system and a feeling that justice has not been served, which can have devastating effects on mental health.<br><br>In conclusion, while law is essential to maintaining social order, its increasing intrusion into our personal lives has significant consequences. By prioritizing legal rights over moral obligations and ethics, we risk creating a culture of hostility and conflict rather than cooperation and understanding.<br><br>The justice system should remain a cornerstone of modern society, but it should not be the sole – or even the primary – arbiter of social norms. We must strive for a balance between the need to protect individual rights and the need to foster a sense of community, empathy, and morality. By recognizing the limitations of legalism, we can work towards building a society that values cooperation, mutual respect, and a more nuanced understanding of justice.