THE COMMUNICATION GAP: THE IMPACT OF LEGALESE ON ACCESS TO JUSTICE IN THE AGE OF DIGITAL GOVERNMENT SERVICES AND ONLINE FORMS

2025

Full text Open access: Gold Metadata (CSL-JSON)
DOI 10.32612/uw.27201643.2025.18.3.pp.30-47
Data confidence 70 medium
How this score is calculated

It is built from checkable properties of the record itself: whether the article has a DOI, how many independent sources confirmed its data, whether the required fields are filled in, and how recent the latest confirmation is. Disagreement between sources and a missing identifier lower it. A value of 80 or above means the record was published without further checking; 60 to 79 means it is published at reduced confidence, with a manual check advisable. A record verified by an editor by hand is never pushed below 90 by a recalculation. This scores our data about the article, not the article itself.

Abstract

The global transition to e-government promises to enhance access to justice by making public services more efficient, transparent, and accessible. However, this promise is being systematically undermined by the persistent use of „legalese” in digital interfaces, which shifts the primary barrier to access from the physical to the cognitive realm. This article examines the detrimental impact of this communication gap on citizens, particularly vulnerable populations. Through a qualitative analysis of official reports from intergovernmental organizations, case studies of digital government platforms, and a comprehensive review of socio-legal, communication, and cognitive science literature, this paper argues that merely digitizing complex bureaucratic and legal language without fundamental simplification does not improve access to justice. Instead, it creates a new form of digital exclusion predicated on legal and linguistic literacy. This „cognitive divide” disproportionately affects individuals seeking essential services such as unemployment benefits, court access, and immigration assistance, leading to errors, abandonment of processes, and a failure to secure fundamental rights. The analysis concludes that the integration of plain language principles must be a core tenet of digital government design, not an afterthought. A framework is proposed for creating truly accessible legal communication online, advocating for mandated standards, user-centered design, and reforms in legal education to bridge the communication gap and fulfill the democratic potential of e-government.