Legal Marginalism
A legal theory that argues a legal system's effectiveness isn't just about having laws, but about the impact of the last, most discretionary law or enforcement action (the marginal legal unit). It posits that each new law or aggressive enforcement has a subjective utility. Early, foundational laws (like against murder) have immense value for social order. But as you pile on hyper-specific regulations and zero-tolerance policies, the marginal utility plummets. The last unit often feels more coercive than beneficial, breeding contempt for the law itself by prioritizing control over justice.
Legal Marginalism Example: A city has laws against assault (high utility) and littering (moderate utility). Then it passes a law mandating the exact height of lawn grass, enforced with a $500 fine. This last legal unit is often seen as having low legal marginal utility. It doesn't meaningfully improve public safety or order, but it significantly increases legal coercion, making citizens view the legal system as petty and oppressive, thus weakening overall legal cohesion.
Legal Marginalism by Abzugal Nammugal Enkigal February 7, 2026
