2
LAW REFORM AND ACCESSIBILITY1
1. Introduction
The title of this paper is law reform and accessibility. There are two concepts
embedded in this title: first, the reform of the law to increase access to law and justice,
and second, public influence on the process of law reform itself. In relation to the
law, accessibility means both the ability to know what the law is and to make use of
it; in relation to law reform, this means not only knowing what law reform is under
consideration, but being involved in that process of law reform itself. In practice,
while these two aspects of accessibility are quite different, they are nevertheless
complementary increasing one is likely to increase the other. It is this second
meaning of accessibility that I want to focus on in this paper.
We live in an information rich age but information does not necessarily translate into
engagement or a sense of civic involvement so necessary to deliberative democracy in
which people feel able to involve themselves with law, justice or the law reform
process. This sense of alienation from the processes of the law is reflected in the
popular media with their concentration on sensationalised reporting of little-
understood court processes, but it would be wrong to think that this is merely
misunderstanding or easy popularism at work. The inaccessibility of legal processes
has been a staple of both fiction and non-fiction throughout the modern era. A few
examples will suffice.
Franz Kafka uses the image of doorways to symbolise the laws inaccessibility and
incomprehensibility to the protagonist in his novel The Trial.2 There is a doorway to
the law and the law shines out radiantly from behind that doorway. The doorway is
always open but there is a guard before the doorway who will not admit the man
seeking entrance. The guard does not use force and does not try to stand in the mans
way; he simply tells the man that he cannot grant him admission to the Law. The man
1
The author acknowledges the extensive assistance rendered by her Associate, Oanh Thi Tran, and
Claire Riethmuller of the Queensland Law Reform Commission in the preparation of this paper.
2
Kafka, Franz (Scott, Douglas and Waller, Chris Trans) The Trial London, Picador Classics: 1977
(reprint) at 239 246.