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EmilySedewitzFirstEssay 1 - 21 Feb 2025 - Main.EmilySedewitz
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The Ungovernable
Undisputedly, the unfolding climate crisis presents a profound challenge, not merely of technological innovation or policy implementation, but of ethical and philosophical reckoning. The climate crisis lays bare flaws in our legal system: laws which bend to corporate influence, the capitulation of enforcement to political expediency, and the tendency of policymakers to champion hollow symbolism over substantive action. While these systemic failures may cripple our capacity to address environmental threats in the immediate, they more importantly serve as philosophical canaries in the coal mine of governance, exposing a more profound truth—that the law itself has become an ineffective instrument for social control. This revelation demands a radical reimagining of governance, urging us to forge new paradigms of collective action that can rise to the unprecedented scale and urgency which accompanies the task of legislating a changing climate.
The Climate Crisis: A Black Mirror
In itself, the climate crisis acts as a stress test for traditional legal frameworks, revealing fundamental inadequacies in how societies regulate behavior, allocate resources, and hold actors accountable. In broad strokes, climate policy is designed to mitigate behavior damaging to the environment through the regulation of common property and open access resources. However, where causes and effects are separated by distance and time, and where responsibility is often obscured by layers of corporate and political maneuvering, the challenging of governing the ungovernable morphs into something of a magnitude and proportion almost as impossible to conceive as it is to execute.
One of the most corrosive failures of the legal system is its vulnerability to corporate influence and the consequential tempt of political expediency. As an instant example, corporations are not only a leading contributor of the climate change but manipulate the social narrative in order to do so—investing heavily in lobbying and public campaigns to downplay the severity of climate change, shift blame, and avoid legislative accountability. The fossil fuel industry, in particular, has a vested interest in maintaining the status quo and its vast financial resources allow it to exert undue influence on policymakers, often resulting in watered-down legislation or the obstruction of meaningful climate action from the ground-up. Faced with election cycles and competing political priorities, policymakers are increasingly tempted to prioritize the protection of policial capital over what is truly in the best interest of their constituency—in this case, the valuation of long-term environmental sustainability.
These concurrent pressures drive the adoption of symbolic policies that create the illusion of progress without addressing the true drivers of climate change. Much of current climate policy is passed in appeasement efforts and not intended to carry legislative weight. While hollow measures may generate positive headlines and satisfy certain political constituencies, they ultimately fail to materially move the needle by, for example, facilitating a meaningful reduction in greenhouse gas emissions. The pursuit of political expediency, therefore, becomes a barrier to effective climate action, perpetuating a system of empty symbolism over substantive change.
The business of climate change self-perpetuates cycles of profit and pollution, resulting in a system where the interests of the few are prioritized over the well-being the many. While the corporate capture of the legal system undermines efforts to mitigate climate change, it more damagingly erodes faith in the institution of our government by upholding a black mirror to the fault lines which fracture society. The shadow of today’s political reality is both cover and endorsement for the continuation of this behavior; and the wheels of democracy come off when people perceive the project to be a facade in itself.
The Law Has Become an Ineffective Instrument for Social Control
When government fractures, what is truly lost is not only the order which accompanies regulation but rather the point of social governance in the first place: to take care of the people within it. In losing sight of why we have government in the first place, we lose sight of what these policies are written to achieve.
Although I came to law school to exact a specific outcome, I have found myself with more questions than answers; and I think that may be the point. A legal education is incomplete if divorced from curiosity, if divorced from the bigger picture, if divorced from empathy. The questions to ask are not of guilt or innocence, but are questions of criticism and color. How did Armory get a lawyer? How did the jewel get in the chimney? What is the point of training lawyers who are equipped only to accept the system as it was offered to them? |
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