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Importance of the rule of law
Role and function of law in society
Role and functions of law in a society
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Recommended: Importance of the rule of law
Why is the concept of the rule of law an important aspect within society to have an integral understanding of? The rule of law is a facet of our society that affects and serves our lives on a daily basis because rules and laws dictate the underlying basis of our social interactions. One basic understanding of the idea of the rule of law is that society should be ruled by law, and not by men. At perhaps the most rudimentary level, the rule of law has been used to explain a type of governance that is founded upon universal and neutral rules. Endicott argues that communities can never adequately achieve the rule of law because “it requires, among other things, that government officials conform to the law. But they may not do so, and presumably there is no large community in which they always do so” (Endicott, 1999, p.1). Consequently, an area of rule of law is explored by Aristotle’s critique of Plato’s philosopher-rulers theory and his defence and understanding of the rule of law. …show more content…
Aristotle views the rule of law as one that encompasses just laws and true forms of government. However, as this essay will explain in further detail, the contemporary radical feminist approach to the rule of law is more preferable than that of Aristotle’s because feminists illustrate that when the rule of law is always created by a man, its values of gender neutrality to the rule of law and objectivity and formal equality mask the fact that they will always disadvantage
The Feminist Legal Theory closely looks at women and their position as legal subjects throughout history, and how these aspects have changed in regards to women as legal persons and the coorelating laws on gender themselves. The p...
ABSTRACT: Aristotle maintains that paideia enables one to judge the method used by a given speaker without judging the conclusions drawn as well (I.1 De Partibus Animalium). He contends that this "paideia of principles" requires three things: seeing that principles are not derived from one another; seeing that there is nothing before them within reason; and, seeing that they are the source of much knowledge. In order to grasp these principles, one must respectively learn to recognize what distinguishes the subject matters studied in different disciplines, see first principles as coming from experience and acquire the habit of seeking them in one’s experience and, finally, see first principles as being the source of conclusions. While the second and third points might at first seem to pertain to "nous" and science, respectively, rather than to paideia, the case can be made that paideia involves more of a firm grasp of principles than "nous" and a less perfect way of relating conclusion to principles than science.
In his book on ?The Behavior of Law? Donald Black attempts to describe and explain the conduct of law as a social phenomenon. His theory of law does not consider the purpose, value, impact of law, neither proposes any kind of solutions, guidance or judgment; it plainly ponders on the behavior of law. The author grounds his theory purely on sociology and excludes the psychology of the individual from his assumptions on the behavior of law (Black 7). The theory of law comes to the same outcome as other theories scrutinizing the legal environment, such as deprivation theory or criminal theory; however, the former concentrates on the patterns of behavior of law, not involving the motivation of an individual as such. In this respect, Black?s theory is blind for social life, which is beyond the behavior of law.
Responsibility and Vice is a topic that Aristotle argues in the Nicomachean Ethics . His argument is based off of the presumption that we are responsible, and open to praise or blame, for having a virtuous or vicious character. His claim for this argument is that we are ultimately in charge of our character, which is decided through our actions. Although Aristotle believes in this, however there are times in life where you are not in complete control of your actions.
Throughout Aristotle’s life and career as a philosopher, he modified and formulated many ideas that deal with the psyche and state of the mind and body. One of the most prevalent ideas that he studied was the quest for happiness. He had many theories about it, but most merged to become the Nicomachean Ethics
In every society around the world, the law is affecting everyone since it shapes the behavior and sense of right and wrong for every citizen in society. Laws are meant to control a society’s behavior by outlining the accepted forms of conduct. The law is designed as a neutral aspect existent to solve society’s problems, a system specially designed to provide people with peace and order. The legal system runs more efficiently when people understand the laws they are intended to follow along with their legal rights and responsibilities.
Aristotle’s nature of law appealed to me the most because he defines the cultivation of virtues that achieve full potential in life. Aristotle’s theory of happiness had a process of exercising a moral life in order to reach genuine eudaemonia, which means, “actively exercising the soul’s powers”. The fulfillment of the self, allowed a person to strengthen their system of morals and values to practice a “good” life. Your whole persona should life a live with integrity, never conflicting your happiness with false satisfaction. As one develop a solid set of morals and beliefs, and then one can create a path of righteousness that will benefit the value of character. As one lives life, one is able to adjust their view of happiness due to the experience
Laws have an important role in maintaining order within society. Understandably, society comprises of different individuals with differing aspirations, beliefs, personalities, and merits – just to name a few. Allowing individuals to push their personal desires using resources available to them would not only lead to a disordered society, but also one that embraces injustice and prejudice. Laws are the common principles that guide the conduct of individuals in society while ensuring that society upholds the rights of everyone who is part of it. Such laws accrue as a resemblance of morality for entities in society to which all members are held accountable irrespective of their race, social class, or popularity. However,
Therefore, for the development of the society, a legal, formal and universal system has to be established, that can deal with subjects, that cannot be resolved or addressed through natural, customary or religious law. Thus over time, the law scholars and sociologists started to understand the complexity and interrelationship between law and society.
The jurisprudential question as to whether in a modern constitutional democracy citizens have a duty to obey the law regardless of whether the content of the law is morally just or not has been central to many theorists. Natural law theorists advocate that laws should only be obeyed if they are in line with morality. Conversely, Positivists argue law has the status of law if a recognized ‘Human’ authority makes it in the accepted manner and therefore should be obeyed. Both theories if examined in their simplistic definitions are problematic. However, if one analyses individual theorists there are theorists from both schools who argue credibly. I propose Bentham’s theory is the greatest workable theory in a modern constitutional democratic society and consequently I will argue that we should obey the law with reference to Bentham’s guidelines.
Introduction Aristotle was born in 384 B.C.E. at stature, a Greek colonial town on the Aegean near the Macedonian border and east of the modern city of Salonica (Britannica, encyclopaedia; 1952). He was first trained in medicine, considering his father was a physician of the royal Macedonian family. Upon this, Aristotle, later when to Athens to study philosophy at Plato 's Academy. During his time at this academy, they gave a lot of attention to the problem of politics and legislation and, its more general philosophical interest. Although their ideas were similar, Aristotle rejected Plato 's theories of form.
According to Aristotle, "The rule of law is better than that of any individual”, suggesting every member of society, even a ruler, must abide by and follow the law. The rule of law is linked to the principle of justice, meaning that everyone within a society (including both private citizens and government officials) are subject to the law, and that those laws are administered fairly and justly. The intention of the rule of law is to protect against arbitrary governance. It is the basic underpinning of a free society.
Aristotle is a well-known philosopher, who lived from 384 BC through 322 BC, having been born and spending most of his life in Greece. According to William Turner, in the Catholic Encyclopedia, his father was physician to the King of Macedonia, and other ancestors of Aristotle’s likely also held this position. Aristotle’s parents probably planned for him to receive a medical education so he also could become a physician, but both of his parents died while he was still a child. As he approached the age of 18, he was sent to school at the university of another great and well-known philosopher, Plato.
The rule of law is thought to be one of the most fundamental doctrines of the constitution of the whole of the United Kingdom. The distinctive UK‘s constitution has influences previously on the judicial system too. Government and the legal systems in history have both been involved in rules and discretion and most of all the elimination of all discretionary power in which both of these are impossible and unwanted. The rule of law means in one sense, government by the law but obviously government is by the people as well as by the law. As soon as the governing people are added in, the government can’t then be by law on there own. Although the situation is not undoubtedly as the making of particular laws can be guided by open and relatively stable general laws that have been made. For the Rule of Law to have meaning in a democratic society, it has to mean that those who run it have comply with it for it to work; there must be no room for an “ends justifies the means”
Law is one of the most important elements that transform humans from mere beasts into intelligent and special beings. Law tells us what is right and wrong and how we, humans, should act to achieve a peaceful society while enjoying individual freedoms. The key to a successful nation is a firm, strong, and fair code of high laws that provides equal and just freedom to all citizens of the country. A strong government is as important as a firm code of law as a government is a backbone of a country and of the laws. A government is a system that executes and determines its laws. As much as fair laws are important, a capable government that will not go corrupt and provide fair services holds a vital role in building and maintaining a strong country.