The book titled “Law as Means to an End” by Brian Tamanaha discusses the increasing tendency to treat laws as means to an end rather than as an element of achieving the common good. The author argues that the law was once grounded in morals, supported by divine right, tradition, and other elements that nobody sought to question (Tamanaha, 2006). However, since the 19th and 20th centuries, they have become tools for specific interest groups to achieve their objectives, with the legal community prioritizing these interests over the common good. I would argue that, from a historical perspective, the law has always been an instrument for enforcing the interests of groups, and that not much has changed.
The theory of social conflict describes the development of human societies as a constant struggle between different classes. Indeed, for most of human history, the people affected by various laws had little to say in how said laws were developed and whose interests they served (Nunn, 2020). Religion and tradition were not used to serve the common good, but rather to secure and justify the rights and privileges of the ruling class (Bentzen & Gokmen, 2023). From this perspective, the rule of law had never existed, and the legal community had always guarded the interests of the few (Kropotkin, 2020). Thus, the concern that the community is too self-interested is unfounded, as it has always been that way.
At the same time, I agree with the principle Tamanaha (2006) had outlined in her book. A valid rule of law is possible only if the law is grounded in the principles of the common good, serving everyone equally instead of promoting the vested interests of specific social groups (Kropotkin, 2020). That, in my opinion, would only be possible when the legal community is not dependent on economic relationships to support its livelihood. Until then, it will always be driven, in some part, by self-interest and prioritize the client over justice, to the detriment of everyone.
References
Bentzen, J. S., & Gokmen, G. (2022). The power of religion. Journal of Economic Growth, 28(1), 45–78.
Kropotkin, P. A. (2020). Law and authority. Good Press.
Nunn, N. (2020). The historical roots of economic development. Science, 367(6485).
Tamanaha, B. Z. (2006). Law as a means to an end: threat to the rule of law. Cambridge University Press.