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Does more law mean more order?

By Ellen Goodman - posted Friday, 21 September 2007


Politicians use “law and order” agendas drawing on a mythological past where all was secure and serene: no “drugs”, no ethnic gangs, no asylum seekers at our borders and so on.

Insecurity is assuaged and ameliorated by creation of law while at the same time buttressing and enhancing the power of executive government.

“Law and order” politics shares some similarities with “identity” politics whereby “we” combine to buttress our sense of self-worth by isolating “them” - those who do not share our “values”; who are somehow not “aussies”; or who pursue a life-style which is seen as threatening. Thus recently the Minister for Immigration and Citizenship has voiced approval of a test that must be passed by persons seeking to become Australian citizens in addition to an English test. To a large extent such manoeuvres are symbolic only. It is well known that the Australian population is ethnically diverse; that many who didn’t master the language nonetheless made considerable contributions to our society and that most significantly any proposed test will be difficult to implement.

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The effect of resort to “law and order” politics therefore is promotion of difference rather than harmony; mistrust of others and insecurity, encouragement of racism, xenophobia and jingoism. It is the antithesis of political thought which is progressive, positive and inspirational.

A quick look at the Coalition’s 2001 election poster is informative. There is John Howard, chin thrust forward, both fists clenched, an Australian flag on each side standing as a beacon of light and strong leadership against an ominous, threatening dark background.

And what is his message?

We decide who comes to this country and the circumstances in which they come.”

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About the Author

Ellen Goodman was a senior lecturer in the School of Law at Macquarie University and is the author of the book The Origins of the Western Legal Tradition (Federation Press 1995).

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Creative Commons LicenseThis work is licensed under a Creative Commons License.

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