22
In the result, deconstruction demonstrates that all texts are open to many
conflicting meanings. It does not demonstrate that they are meaningless. Applied
in a legal context, deconstruction leads to the inference that whatever legal
interpretation is adopted, it is due to something outside the text. This has led
many critical legal studies adherents to use the techniques of deconstruction to
uncover conflicts that are hidden by conventional legal discourse.
23
I do not wish to turn this lecture into a disquisition on legal philosophy, but I do
think that post-modernism has had, and will continue to have, an important effect
on our legal institutions: post modernists tend to believe there should be as little
law and legislation as possible since they are sceptical that law can achieve
anything. Even though it has manifest and serious defects, the theory undermines
trust in the institutions of the law, its effectiveness and its legitimacy. It leads to a
pragmatic, short-term approach. Post-modernism may be in the process of being
replaced by pragmatism, with which it has some affinities.14
24
Post-modernism will have its strongest effects on statute law. Massive amounts
of law are made in New Zealand every year, of which primary legislation
sometimes does not produce the greatest bulk. Today, New Zealands primary
laws comprise nearly 1100 statutes; 1096 to be precise. We had only 600
principal Acts in 1978.15 Under the authority of todays Acts there are 4292
instruments published in the statutory regulations series. There exist also,
according to Parliamentary Counsel Office website, 273 sets of deemed
regulations; this last number, the site warns us, may be incomplete. How many
pages of law this amounts to I cannot say because it is too big a job to count. The
largest statute we have the Income Tax Act 2004 covers 2088 pages and takes
three volumes of the 2004 statutes. There were seven volumes that year.
25
This proliferation of forms of lawmaking poses problems in itself. But it also
poses significant problems for the system of Government as a whole. It makes it
14
Posner, above n 11, 10.
15
Kenneth Keith A Lawyer Looks at Parliament in John Marshall (ed) The Reform of
Parliament: Contributions by Dr Alan Robinson and Papers Presented in his Memory
Concerning the New Zealand Parliament (New Zealand Institute of Public Administration,
Wellington, 1978).
9