Legal Analysis of “1984” by George Orwell.

I. Introduction

“1984” by George Orwell talks about a dystopian world where the State of Oceania,
led by Big Brother, has become a ruthless dictatorship that tries to regulate
absolutely every aspect of the lives of its citizens.

This work has an intimate relationship with the dere Well, you can analyze what the
law is like in this society, what role it plays and how it is used by the State to create
a mechanism of social control.

The objective of this analysis work is to relate the contents seen in class with the
events presented in this fictional society invented by George Orwell.

II. Summary of the work

George Orwell's work, 1984, is about a dystopian world where the world was
divided into three superstates: Eurasia, East Asia and Oceania. The story takes
place in Oceania, in Air Belt 1, which would be the city of London.
In the first part, the protagonist Winston Smith is introduced, who is a member of
the external party and works in the Ministry of Truth. His job was to correct articles
from past years that contradicted reality. For example, if there was an article where
it was said that Big Brother had promised at the beginning of the year not to reduce
the grams of chocolate that are distributed to each person, but for some reason he
could not keep his promise and should have done so; This article should be
corrected by proclaiming that Big Brother had never made such a promise. This is
in order to avoid contradictions.
Even though Winston works for the party, he feels a certain dissatisfaction with it
and this leads him to write a diary in which he complains about the party, the
government and Big Brother. Although he knows that this can lead him to prison,
and his own death continues to do so because he is inspired by a dream in which
his co-worker O'Brien tells him “We will meet in the place where there is no
darkness.”
Later in the second part, he meets a girl named Julia who works in the Novel
Department. One day she slips a paper into his hand that says “I love you.” From
this moment Julia begins to make plans for hiding places where they can see each
other and talk freely without being constantly in sight of the telescreens. Winston
takes her to an apartment located in the neighborhoods of the brood where there
are no cameras and there they can make love without problems.
As they get to know each other, they realize their hatred for Big Brother and the
Party, so they decide to join forces to destroy the Party. This leads them to search
for O'Brien, who they believe is a member of the Brotherhood. The Brotherhood is
an alleged conspiracy that tries to overthrow Big Brother and the Party, led by
Emmanuel Goldstein, a “traitor” to the Homeland.
O'Brien receives them at his apartment and explains how the Brotherhood works.
After asking them a few questions he sends them home and promises to send
them a copy of Goldstein's book.
Finally Winston receives the package with the book and that night he goes with
Julia to the apartment to read it. In this book called “Theory and Practice of
Oligarchic Collectivism” Goldstein describes and explains how the society they live
in works, and through these excerpts the reader can better understand why society
works this way.
At the end of this second part, while Winston and Julia are still in the apartment,
the Thought Police find them and take them to the Ministry of Love prison.
Finally, in the third part of the book, the torture and methods applied to Winston by
O'Brien, who turns out to be a spy for the Thought Police instead of a member of
the Brotherhood, are described. He interrogates him and tries, through different
practices, to force him to believe wholeheartedly the lies, slogans and propaganda
of the Party. One of the last tortures he applies is when he takes him to room 101
where Winston encounters his worst fear: rats.
This is how, through fear, O'Brien manages to correct Winston's deviant attitudes
and bring him to the point where he himself loves Big Brother.
III. George Orwell

George Orwell is a renowned English writer. His works are characterized by being,
for the most part, social criticism and denunciations of the abuse of power
exercised by totalitarian regimes. His best-known works are 1984 (1949) and
Animal Farm (1945).

He was born in Motihari, India on June 25, 1903. His real name is Eric Arthur Blair.
His father was an English soldier who was on duty in India when Orwell was born.
One year after he was born, his mother took him to England with his older sister,
Marjorie, and it was in London where he spent most of his childhood.

He studied at Eton and when he finished his studies, he enrolled in the Indian
Imperial Public Force in 1922. After serving there for five years he decided to
return to England to become a writer. Before that he lived a period of his life in
Paris under conditions of poverty. When he returned to England he worked first in
a bookstore and then as a teacher at a school. He also dedicated himself to writing
articles for the newspaper.

He married Eileen O'Shaughnessy, who died in 1945. Later in 1949 he married

Sonia Brownell. His only descendant is Richard Horatio whom he adopted with his
first wife.

From a young age he had shown an interest in literature and poetry. He

experienced firsthand the two world wars and this led him to denounce regimes
such as Nazi Germany or Soviet Russia in his works. He also had strong political
opinions that influenced the content of his essays and novels.

He died on January 21, 1950 due to tuberculosis that he had developed in previous
years.

IV. Context in which the work was written

The book “1984” by George Orwell was published in 1949 in London. During the
time in which the author lived, many historical events occurred that deeply marked
his political ideology and influenced his works. Events such as World War I and II,
Hitler's rise to power, the Russian Revolution, the fascist Italian regime and even
the Spanish civil war of the 1930s; They are reflected in their works.
Orwell's idea for this novel was to describe what the world would be like if
totalitarian regimes continued to advance around the world. For him, if this
happened humanity would reach such a point where the State would control all
aspects of the individual's life and individuals would have no choice but to blindly
obey the State.
There is a clear influence of World War II, the Nazi regime and Soviet Russia in the
work “1984”, since the author took many elements from these historical events and
incorporated them into his novel. It can even be seen as criticism or satire. There is
currently a great debate about whether the society that Orwell is trying to represent
refers specifically to Nazi Germany or Soviet Russia; however, it is most likely that
the work leans more towards the case of Russia.
One of the first associations that can be made between the novel and the events of
Soviet Russia is the representation of Big Brother, who is described as having a
large, dark mustache. It can immediately be associated with Stalin, the dictator of
the Soviet Union between 1941 and 1953.
Another great example relates to Emmanuel Goldstein, the Jew who was initially
an ally of Big Brother but who later rebelled and ended up being the “Enemy of the
People” who was repudiated every day during the two minutes of Hate. This
character is a clear representation of León Trotsky whose real name is Lev
Davidovich Bronstein. From this last name, Bronstein, comes the inspiration for
Goldstein.
Finally, the Thought Police can be related to the KGB, which was the main agency
of the Russian police. It is evident that Orwell took some inspiration from this for
the Thought Police because the KBG was renowned for its infallible espionage
techniques and the atrocious torture they carried out on their prisoners.
Knowing these historical events is a fundamental key to understanding the novel,
since George Orwell's intention with this work is to create a certain type of
denunciation or criticism of the historical background that took place in the first half
of the 20th century.

V. Legal Analysis

Legitimation of Power
In the world of 1984, a social organization marked by the principles of INGSOC
(English Socialism) appears. Its leader, Big Brother, is the maximum sovereign and
legitimizes his power through charismatic legitimation.
Throughout the novel there is talk of a revolution in which Big Brother and his party
are the winners. It can be assumed that he obtained the support of a large part of
society thanks to his charisma and personality, as is the case with most socialist
revolutions. However, once in power, he develops a dictatorial system, as has
happened with many revolutions in the world.
Since it is inferred that the revolution happened many years ago, in the present of
1984 people are forced to adore and praise the figure of Big Brother.
Three-Dimensional Theory of Law
Law can be studied as a three-dimensional phenomenon that has as elements
value, norm and fact.
The right presented in 1984 has the values of INGSOC, which is the government
party. These values are presented in the motto: “War is peace, freedom is slavery,
ignorance is strength.” This insignia is present in all the party's campaigns and
advertisements.
The norms present in this law try to regulate absolutely all aspects of the
individual's life. The fact that it is completely obligatory to celebrate the Two
Minutes of Hate daily, to attend all the parades, that it is prohibited to turn off the
telescreen for a single second and that mental crime (or criminal crime) is
punished, shows that through of legal rules, the government tries to supervise
everything that individuals do. The latter is related to the factual scope.
The events in 1984 are of utmost importance, since the law regulates all aspects of
the lives of individuals, any act can be a reason for sanction.
Purposes of Law
Law in any society pursues certain purposes or values. According to those seen in
class, these are: order and peace, legal security, justice and social good. However,
in a society like the one presented in 1984, the law pursues these ends in a
different way than normally understood.
In the case of the search for order and peace, it can be said that law seeks to
organize the human community and give it a certain order that leads to social
peace. There is talk of an existing right to war, but the ideal for the State and the
right of any society is not to have to resort to this right and rather to remain in a
state of peace. In 1984 the opposite happened.
Just as the first part of the party's slogan says: “War is peace”, in 1984 the idea of
a social order was not achieved with peace but with war. It is for this reason as it is
said in Goldsein's book: "Theory and Practice of Oligarchic Collectivism":
“Therefore, the war of today, compared to the ancient ones, is an imposture.
This could be compared to the fights between certain ruminants whose
horns are placed in such a way that they cannot be injured. But although it
is an imposture, it still makes sense. It serves to exhaust surplus goods and
helps preserve the mental atmosphere essential for a hierarchical society.
As they see war as just a matter of internal politics” (George Orwell. (1949).
9. In 1984(198). Mexico, DF: Editorial Tomo.)
You can see how for this society, the state of war is normal and what maintains
social order among citizens. Excerpts from Goldstein's book explain how the three
super states, Oceania, East Asia and Eurasia, view war not as a dispute in which
one of the three super states will win, but as simply an ongoing ideological debate
that helps maintain a certain order and stability.
Another goal that law normally pursues is legal certainty. This, according to DeLos,
is defined as:
“the guarantee given to the individual that his person, property and rights
will not be subject to violent attacks or that if they occur they will be assured
by society; protection and repair ”
For Latorre, legal security can be classified into two types: legal security between
individuals and legal security against the State. The first consists of the legal
relationship between citizens (contracts, transfers, etc.); The second refers to the
relationship between the State and citizens. The State cannot violate certain
inalienable rights of the human being, according to the Rousseauan conception.
 “From this it follows that the sovereign power, however absolute, sacred
and inviolable it may be, does not exceed, nor can it exceed, the limits of
general conventions, and that every man can fully dispose of what by virtue
of those conventions They have left him of his property and his freedom. So
that the sovereign never has the right to weigh one subject more than
another, because then, when the matter acquires a particular character, he
makes his power cease to be competent.” (Rousseau, IV, Social Contract)
However, the State of Oceania in 1984 departs from this conception since the
Party and Big Brother are above everything and it is not strange to see how this
power they have is exercised in a despotic manner against its citizens.
For Pacheco, a meaning of legal security is legal security by right, which protects
the individual against everything that threatens his rights.
In the novel, it seems that citizens do not have any rights. They have duties, and
they are very clear about what these duties are, but no knowledge of their rights
due to the fact that the State does not care about promoting their rights, but simply
that they obey.
Even so, no individual is completely free from being persecuted and accused of a
crime. The book gives us two examples in this regard: Syme and Parsons.
Syme was a friend of Winston's who was recently working on the eleventh edition
of the Newspeak dictionary. It seemed very good that Syme followed all the orders
and mandates given to him by his government. He did them with fervor and
pleasure, since unlike Winston he was convinced of the laws imposed by the Party.
However, this was not enough for the Inner Party and one day he simply
disappeared and became a non-person.
The other case is Parsons, who was a neighbor of Winston's. This man
undoubtedly loved Big Brother and the Party. He followed orders, he tried like no
one else in Hate Week, he expressed his fervor for the Party at every moment.
However, one night while he was sleeping his children spied on him and heard him
say in his dream “Down with Big Brother.” This was sufficient reason to charge him
with a crime and send him to prison.
These two examples only demonstrate that in this fictional world, even if they are
subject to all the principles imposed by law, individuals are not guaranteed to be
exempt from being sent to prison or being vaporized.
Justice, in any of its descriptions, is not an end that the law seeks in 1984. Nor is
the common good. These two aspects are aspects that the law does not care
about and that the State does not intend to guarantee or ensure, since, as
explained in Goldstein's book, the Party only seeks to acquire more power. And the
way it acquires this power is simply by instilling fear in individuals so that they
blindly obey.
Social Control (Elements)
One of the most important functions of law is to exercise social control. Social
control comprises two elements; the material element and the formal element.
The material element refers to behavioral models. Social control, through law,
imposes a model of behavior that must be followed by society. In 1984 you can see
through different examples what the desired model of behavior is for this society.
Thus, in the fourth chapter of the first part, the main character, Winston, writes in
the newspaper about Comrade Ovilgy; a man who had dedicated his entire life to
the service of the party. Since he was little he had been part of the Spies, he
belonged to the Anti-Sex Youth League, he worked for the Ministry of Peace and
served in the army where he died. This example shows in broad strokes how the
government expects people to behave in society: it seeks that the individual
dedicate themselves wholeheartedly to the service of the party and that defending
the country is their only concern and objective in life.
The formal element on the other hand refers to the mechanisms and techniques
used to impose this model of behavior. An example is the Two Minutes Hate act. In
this practice, people are forced daily, once a day, to demonstrate their hatred and
repudiation for the traitor to the country, Emmanuel Goldstein. By this means the
government shapes the behaviors of individuals.
Another example is hanging. It is mentioned in chapter two of the first part that Mrs.
Parsons could not take her children to see the hanging of some traitors to the
country. This fact is not mentioned again in the rest of the book, but it is implied
that it is a very normal practice in this society. It is another form of social control
since by showing people the consequences they can face if they disobey the law, it
incites fear and thus guarantees that individuals follow the established “should be.”
Finally, the telescreens installed in every corner of the city, including buildings and
houses, reflect the obsession with the right to regulate every aspect of individuals'
lives.
Deviation
When there is an imbalance in social control and an individual does not comply
with the behavior that the law desires, a deviation occurs.
Winston's deviation is exemplified in the book. In the first part, the character begins
to question the way the society in which he lives works. He questions Big Brother,
the party and even believes that perhaps the times before the revolution were
better. In the second part, when he begins to get closer to Julia, he realizes that
she also thinks in a similar way to his and they believe that the two of them
together could change the world if they join the Brotherhood. Finally, in the third
part, they are captured by the Thought Police and taken to the Ministry of Love to
be tortured. In this part, through the torture that is forced on them, the two manage
to deviate from the deviation and begin to think as the party expects them to.
Social Change and Law
There are two ways of social change. A passive one where the law adapts to social
change and is simply a reflection of what society wants. The other way is active
where the law is what imparts and guides social change.
In the world of 1984, it can be clearly seen how law is a promoter of social change
and society must adapt to it.
Rule
A norm expresses a duty. It is an objective obligation to do something.
Furthermore, it is heteronomous, which means that it may or may not agree with
the will of the individual. In most societies, the law cares about whether the
individual complies with the norm, regardless of whether it seems correct or not.
However, in the world of 1984, the fact that the individual complies with the norm
with a certain moral conviction is essential.
The objective of a norm is to prescribe a behavior, and it does this through different
methods: an obligation, a prohibition and a permission. Examples of all three can
be seen in the novel.

 Obligation: It is mandatory for all individuals to attend the Two Minutes of

Hate.
 Prohibition: It is prohibited to turn off the telescreen.
 Permits (Positive): Members of the internal party can purchase good quality
cigarettes and wine
 Permissions (Negative): Members of the inner party may not turn on the
telescreen for a maximum of half an hour.
Three-Dimensional Norm Theory
Norms can be studied as a three-dimensional phenomenon composed of the
elements justice, validity and effectiveness.
Justice can be seen from two different points. If analyzed from a natural law
perspective, the justice of the norm comes from the conception that Big Brother is
fair and infallible, for this reason the norms that he dictates are fair. On the other
hand, if it is analyzed from a legal positivist perspective, how the rules for them to
be valid and therefore fair (since it is assumed that if it is one, it is the other) have a
requirement that they be issued by the party or Big Brother.
The validity of the rules lies in the fact that they are dictated by Big Brother. If he
says that such a thing should be so, so it should be and for the people of Oceania
this is valid.
The rules are quite effective because, as seen in the novel, most people comply
with them, and if they do not comply, a sanction is imposed.
You can take the example of when Winston and Julia are discovered in the
apartment room. No matter how much precaution they had taken, they were
always discovered, and what's more, from the beginning they were being watched
since for the Thought Police they were susceptible to going astray. The law in that
regime is totally effective, there is absolutely no crime that escapes the authorities.
There is no differentiation between moral norm and legal norm
As has been studied, there are different types of norms in general; the moral, the
social, the legal and the religious. In a society like ours, the rules are theoretically
separated from each other and although they coincide in certain cases, such as the
case of "Do not kill" , the explanation of why it should not be done is different.
There is no differentiation between these four types of norms.
In 1984 this does not happen this way, since legal and moral norms are closely
linked. For the law of Oceania, the individual must not only follow the norm
because the legal system says so and if, on the contrary, he does not comply, he
receives a sanction, but he must also follow them as if they were part of his internal
morality.
A clear example of this is crime. The party seeks to ensure that absolutely all
members of society are totally convinced within themselves of the law, and if, on
the contrary, they think something different, by the mere fact of thinking it they are
already committing a crime.
Sanctions
A sanction is applied when the behavior desired by the “should be” is not fulfilled.
Sanctions are institutionalized and applied by force. There are two types: positive
and negative, which in turn are divided into compensatory, retributive, patrimonial
and personal.
The most frequently used in 1984 is the personal negative sanction, which tries to
punish the individual by depriving him of some right (such as the right to freedom in
the case of prison) or. In the book you can see that if someone commits any type
of crime they are sent to the Ministry of Love prison where they try to “correct” the
deviant. On the other hand, if the crime committed is considered more serious, the
Party can resort to extreme measures where it is punished by turning the person
into a “non-person”, thus erasing all evidence of its existence.
Positive sanctions are less common and the few that could exist occur only among
members of the Inner Party.
VI. Conclusions of the analysis
VII. Bibliographic references.