Legal selectivity occurs when law is applied unevenly across contexts, groups, or behaviours.
It marks the transition from rule of law to rule by discretion.
What It Is
Legal selectivity appears when:
- Enforcement varies by identity or narrative
- Certain behaviours are tolerated while others are punished
- Consequences depend on optics rather than action
Law remains written.
Its authority degrades.
Why It Appears
Legal selectivity often arises from:
- Moral hesitation to enforce
- Fear of legitimacy loss
- Political pressure
- Norm erosion requiring discretion to compensate
It is usually justified as compassion.
What It Indicates
Legal selectivity indicates:
- Weakening order
- Declining informal compliance
- Rising enforcement costs
- Loss of predictability
Once law becomes negotiable, compliance becomes strategic.
What Follows
If uncorrected:
- Parallel enforcement emerges
- Trust collapses
- Coercion replaces legitimacy
- Correction arrives abruptly
Closing
Law cannot be selectively humane.
When law loses generality, it loses authority.
Legal selectivity is not mercy.
It is disorder in administrative form.