Malleable Law: The (Mis)Use of Legal Tools in the Pursuit of a Political Agenda

Abstract

This paper explores the manipulative use of the law for political gain. It describes instances in which law is distorted and camouflaged under an apparent goal of pursuing justice, social change or development, but its real function is to facilitate the attainment of self-interested political gains or other ends. The malleability of law is illustrated in this article with a description of the social programs known as “Misiones Bolivarianas” implemented in Venezuela since 2004. The Misiones were ostensibly portrayed as effective government measures launched to reduce poverty and fight inequality in areas where traditional state institutions had failed.

As part of the implementation strategy of its policies geared towards fighting poverty and inequality, the Venezuelan government deployed certain legal tools, namely the enactment of special legislation and the transformation of legal institutions. However, instead of promoting transparency and enhancing accountability, these tools have been used to insulate the Misiones from any form of external oversight, thus leaving them at the mercy of political manipulation and other perverse goals. By looking at the legal tools enacted to assist in the implementation of Venezuela’s social policies, this article contributes to the discussion about the instrumentality of law and the impact of the social, political, economic, cultural, and historical factors.

Keywords: Law and development, social policies, Venezuela, Misiones Bolivarianas, social change, poverty, Bolivarian revolution, social programs, Plan Bolivar 2000, Misión Barrio Adentro, Misión Madres del Barrio, social power, Hugo Chávez, Unified Social Fund (USF), Fondo Único Social