64
266. There are a great many more interests in legislation than there were fifteen years
ago. There is much more need for consultation with a wide range of
organisations and bodies before legislative proposals are launched upon their
path. There is a need to base proposals for law reform on empirical data which
often requires survey research or other social science methodology to be
employed before options for reform can be effectively evaluated.
267. Furthermore, there is decline of law as an autonomous discipline. This was the
subject of a famous essay by Judge Richard A Posner in the Harvard Law
Review The Decline of Law as an Autonomous Discipline: 1962 to 1987.54 In
his essay Posner outlined that economists, statisticians and other social scientists
will have a far more prominent role in efforts at legal reform than has
traditionally been the case.
268. Posner was not arguing for or predicting the disappearance of traditional legal
thought and scholarship, but he pointed out that the growth of interdisciplinary
legal analysis involving disciplines such as economics, sociology and
anthropology had been a good thing, and it will continue.
269. There is a further factor that applies particularly to New Zealand. New Zealand
is a much less homogeneous community than it used to be; it is becoming a
highly pluralist society in which there are many aims, values and aspirations that
are often in conflict with one another.
Need for Greater Multi-disciplinary Expertise
270. Many legal areas constitute a social battleground for conflicting values and the
inevitability of this means that professional agreement among a few lawyers that
a particular legislative proposal is desirable is hardly the end, or even the
beginning, of the matter. New Zealanders understand better now perhaps that
law is a tool for achieving social ends, as Oliver Wendell Holmes made clear
more than a century ago.55 Legal reform must now interest itself in the
interdisciplinary insights of the economist, the statistician, the philosopher, the
sociologist, the political scientist, the historian, the psychologist, the linguist and
the anthropologist.
54
(1987) 100 Harvard Law Review 761.