Law

The bloke who runs the local heel bar in West Norwood used also to run a dry cleaning service out the back. He had to shut it down because some distant law or other now declares his machines to be dangerous. He might shut down his shop, leaving yet another empty space in this benighted high street.

In the ten years that Tony Blair took up the PM post the UK government passed more laws than at any other time ever. The Magna Carta is in shreds. So many laws were passed that the people in the House couldn't actually read them all. Eventually someone had the idea to turn Acts into Orders which reduced the amount of time officially needed to scrutinise them.

Instead of a god shaped hole in our social fabric, we've stuffed it full of laws laws laws. Good for no-one except, well, no, not even for lawyers.

But does this help to explain the existence of the hpc? I look, I search, I want to know what has happened to this country that it brings a thing like this into being. Answers on a postcard, please.

Right now a piece of legislation is waiting in the wings to be tabled in the House of Lords. It goes under the name of a statutory instrument - a Health Care and Associated Professions (Miscellaneous Amendments) (no 2) Order 2008. It is laid before parliament under Section 62(10) of the Health Care Act 1999 for approval of each house and of Scottish Parliament. If passed it will transfer a set of psychologists into the domain of the HPC. It is done under the familiar phrase 'in order to protect the public'.

The administrators at the HPC will receive a huge list of names to write onto their register. The HPC will then become the administrators of applications to join this register, remain on this register, or be removed from this register. In order to know how best to exercise this centralised power, they will have to grapple with the problem of knowledge, never mind the infinite variety of practice. Here we are again in Popper's Nightmare (see previous blogs and side panel for succint explanation).

The folly that produced the hpc would have us believe that it is because they know nothing about a practice that they are the best people to manage those practices. Grasping the real truth of this point is akin to grasping the idea of zero. There is all the difference in the world between zero and nothing.

Do you remember when Gordon Brown took up the PM post - shortly after this he was out and about consulting Citizen's Councils. The idea was that the political machinery would gather together groups to advise politicians, and the qualification to be a member of the group was to have no idea at all about the subject in question. The implicit belief behind this is that everyone has the potential to say something sensible, be useful, be a valuable citizen. But alongside this another kind of implicit belief is at play - that those who had achieved positions of power and status on particular topics were not to be trusted with the truth. That they would be more interested in maintaining their position than of applying the truth that had led them there. There is a little bit of truth in both positions, an no-one needs me to tell them.

So what is it that leaves us in such a lurch as we are in? One hypothesis that I have been advancing is that Popper's Nightmare has been long time in the making, and this has gradually weakened the knowledge base across the country at grass roots level. This is one strand. Another hypothesis comes from Max Weber, whose discourse on institutional power has been helpful in reminding me that these questions are not new but have always to be grappled with. A third strand relates to the way that we are dominated by empty phrases which get weilded as aggressive objects rather than as parts of a meaningful discourse between subjects. It is this that I shall now try to talk about using a word from linguistics: signifiers.