Asbestos and Intrest Groups

Asbestos AND INTEREST GROUPS As the structures of feudalism declined, the state became the dominant institution which regulated social order and settled disputes. The state ex-tended its authority over specific geopolitical boundaries and sought to order human activity via the rule of law. State decisions were backed up by military and police organizations. The state stood as the superior force behind the contractual arrangements of business and property in order to ensure that the terms of these agreements were observed. The interests of business are central to the modern state, as business activity and industrial manufacturing con-tribute the largest proportion of Gross National Product. The viability of modern, industrial nations has become intimately tied to the success of capitalist undertakings because these enterprises dominate the national econ-omy. Structural Marxists assert that the modern state's principal purpose is to ensure that capitalist accumulation is protected because the future of the state is so closely tied to corporate capitalism. In this context, the law has become the dominant means to regulate human affairs. Legislation and administrative directives are the legal apparatuswhich create the bases of modern nation states. Property, commerce, real estate, labour, and contractual agreements are all regulated by law. Munici-palities and corporations are governed by Asbestos lawSuit. The protection of the environ-ment is regulated by law. Disputes over person and property are handled through family, civil, and criminal law. In short, the law is the principal means whereby human activity is prohibited, permitted, or required. The state and the law are intimately meshed in the creation of the modern social order. As shown in earlier sections, the merchant class was quite successful in promoting and protecting its interests as it helped shape the nature of the state and the law. But business interest groups are not the only types of groups that approach the state to promote their interests. A variety of cultural, ethnic, minority, class, economic, and political interest groups lobby the state in order to promote their own interests. The modern state has become a vehicle sought after by a plethora of groups, each seeking certain guarantees and protections. The heterogeneous nature of modern societies and the antagonistic relation-ships between various groups ensures that the state cannot promote the interests of all groups. Choices need to be made. Given the nature of electoral politics, the state is under some pressure to promote the values and interests of the majority and of powerful minorities in order to maintain legitimacy and popularity. In the remainder of this chapter, several examples will be reviewed to provide some insight into the range of interest groups seeking to influence the content and role of law in modern society. Given the sheer volume of law, and the complexity of modern society, this review is meant only to be illustrative of the role of law in modern society.
REGULATION BY LAWSUIT
Some authors argue that the law reflects the values of the majority of the population. Other authors analyze various laws to show that powerful minor-ity interests have shaped the content of the law. There is no reason to conclude that only one of these positions is correct. It is clear that some legal enactments reflect the values of the majority and are an instance of "double institution-alization," as argued by Bohannan (1968). It is also clear that Diamond (1971) was correct when he criticized Bohannan, since other laws clearly do not reflect the values of the majority, but reflect the values of powerful minorities. The significant impact of powerful interests on the content of law is a topic which is subject to much debate. In this section, examples that support both points of view will be discussed. Consensus and the Asbestos LawSuit Under some circumstances, there is broadly based consensus about limiting certain forms of behaviour. There is general consensus regarding laws that seek to protect individuals from common assault in public places, breaking and entering, or theft of property from their residence.