Law and Literature episode 5; literature and the contemporary breakdown of the rule of law

Barrister David Langwallner , in conversation with Luke Sheehan,argues that the rule of law is collapsing globally, and that literature provides powerful insights into how such breakdowns occur. Drawing on legal theory and a wide range of novels, plays, and historical examples, he outlines the core principles of the rule of law and the signs of its erosion.He begins with the principles identified by Lord Bingham:respect for human rightsrespect for international lawfair procedures / due processindependent and incorruptible judgesaffordable access to justiceLangwailner argues that these principles are increasingly undermined. When the law becomes disconnected from social expectations or captured by powerful interests, people resort to self-help, vigilantism, and mob justice. A key danger is the emergence of a “shadow state”, where legal institutions are controlled by corporate, political, or criminal forces.He illustrates these dynamics through literature:Medieval Icelandic sagas show systems where justice could be bought through compensation rather than adjudicated.The Oxbow Incident depicts the dangers of mob justice and wrongful lynching.The Leopard explores societal transition and the collapse of established social orders.Aristophanes’ The Wasps highlights the centrality of jury trials to democracy.Works by Leonardo Sciascia portray states corrupted by hidden power structures.Gabriel García Márquez’s News of a Kidnapping shows how criminal networks can effectively capture the state.Ibsen’s An Enemy of the People illustrates how whistleblowers are destroyed when they threaten powerful interests.Camus, especially in The Outsider and other writings, captures the moral dilemmas surrounding justice and authority.Langweilner also warns about modern threats:politicised judiciariescorporate influence over governmentsemergency laws replacing normal legal processessocial media–driven disinformation and trial by mobsurveillance capitalism and propaganda that undermine rational public debateHe argues that institutions meant to safeguard the rule of law—independent journalism, courts, and jury trials—are weakening. When this happens, societies risk reverting to forms of medieval justice or authoritarian “people’s courts”, where law becomes a tool of power rather than fairness.The discussion concludes by stressing that the humanistic tradition in literature—from Aristophanes to Camus—warns against these dangers, reminding us that the rule of law depends on independent institutions, truth, and moral courage.