ABSTRACT
The madness of law (law’s madness) is the law’s failure, particularly in America, to provide sufficient legal education to citizens, to demystify its jurisprudence through public legal narration, and to provide sufficient social safety nets which might prevent individuals from being caught up in the criminal justice system. This chapter argues that these failures of law leave individuals unacceptably susceptible to indoctrination in extremist counter legal narratives. Law’s madness sacrifices both those individuals who become indoctrinated into such narratives (who would not have been indoctrinated had the law taken greater steps to prevent this outcome) and the very rule of law itself (as individuals so indoctrinated frequently end up in violent conflict with law enforcement). As a case study, this chapter examines the standoff at the Malheur National Wildlife Refuge, including the death of LaVoy Finicum at its end. The narratives surrounding the standoff are evaluated and criticized for largely being uncritical, even those that were condemnatory. Cass R. Sunstein and Adrian Vermeule’s writing on conspiracy theories and crippled epistemologies provides a starting place for considering why individuals, such as Finicum, are drawn into extremist counter legal narratives, and what might be done about this. They recommend responding to as many conspiracy theories as possible. This chapter argues that when the conspiracy theories are extremist counter legal narratives, another possibility might be preventive rather than reactive, inoculating individuals against indoctrination through greater public legal education. Finally, Susan Koniak’s past writing on the Sovereign Citizens provides insight concerning how individuals suffering intense economic distress swelled the group’s numbers in the 80s. This phenomenon is considered in relation to the recent Great Recession and how people in such circumstances not only switch to extremist counter legal narratives, but some also decide to remove themselves from any legal narrative in the form of economic suicides. To end these sacrifices, law’s madness itself must be sacrificed and greater provision made for public legal education and social safety nets.
