The Transparency Paradox

Abstract The book provides a compact theoretical account of the hidden functioning logic of the ideal of transparency. Transparency as a concept has become hugely popular in legal discourse and beyond. The book argues that there are underlying optical, conceptual, and social reasons why transparency makes sense to us: it promises immediate seeing and understanding. That is why it can form a powerful metaphor of controllability: in the state, for example, the governed are able to monitor the inner workings of the governor through transparency practices. The modern push for transparency is premised on the notion that the truth about governance is key to its legitimacy, and transparency can provide legitimacy through access to truth. The book argues that this premise is false. Instead of accessing legitimacy by providing truth, transparency is labelled by either or logic, which is referred to as ‘the truth-legitimacy trade-off’ in the book: transparency can provide either truth or legitimacy. Through this argument, the book questions the neutrality promise vested in transparency and claims that transparency is primarily a tool for creating appearances. The book consists of nine chapters divided into three parts: The Opacity of Transparency, The Promise of Transparency, and The Reality of Transparency. It combines legal and policy themes and research with interdisciplinary inputs, such as social philosophy and cultural and media studies, contributing to the growing literature on critical transparency studies.