MEMORY AND ECHO: Pop cult, hi tech and the irony of tradition

Much contemporary writing about law treats popular culture as a creature of modern technology and the phenomenon of mass media. This misunderstands both its continuity with traditional forms, and the precise differences that modern technology creates. Popular cultural representations of law and justice appeal to a longstanding tradition evident in familiar archetypes of cowboys and superheroes. Indeed, such a tradition reaches back to much older Christological models of justice and subjectivity, which modernism has deflected but never destroyed. On the other hand, hi-tech media embeds those traditions in technology's language of passivity and its strange but insistent erasure of the past. Under conditions of the contemporary world, popular culture appears not as the memory of past thinking about law, but as an echo. The irony is that while popular culture's presentations of law appeal to a substantive tradition, their formal hyper-modernity not only negates that past but undermines the pluralist and discursive openness which are its well-spring. In a world shorn of faith in the traditional structures sustaining the 'moral economy' and a moral legality, the appeal to simply trust in an inarticulable justice opens the prospect not of salvation but of legal tyranny.