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The importance of the "rule of law
Rule of law by aristotle
Aristotle on the rule of law
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Rule of Law is a very important value system for country to function efficiently. It means that government, citizens or the lawmakers themselves and every citizen is subject to the law including head of state, particularly on the influence and authority of the law within the society. Rule of law uphold value of the rule of the law of the country. The rule of law is the legal principle that law should govern the nation and not that law be governed by random decision of individual administrators.
Through the importance of the historical document, the Rule of Law is explained. The concept of the rule of law was familiar to ancient philosophers such as Aristotle, who wrote: "Law should govern". The Rule of Law is derived from the French phrase
He regarded rule of law as the bedrock of the British legal system, and many countries have emulated it. His book specifies that the 1. Supremacy of law: Law is supreme and that no human being is higher than the authority of Law, and a man can be punished by the rule of law and nothing else. 2. Equality before law: All classes or background of people are subjugated as ordinary under the law. 3. The predominance of legal spirit: the result of the judicial decision are better protectors of the rights of the private persons.
In Bhutan, His Majesty the King often talks about rule of law. During His Majesty’s address to the nation on 11 November 2015, he spoke about how the Fourth King always emphasized on the establishment of the rule of law.
“It is said that the failure of justice persecutes an individual, but the lack of adherence to rule of law persecutes an entire nation. Rule of law brings about discipline in people and order in society. If there is order in society, there will be peace and trust among the people. His Majesty (the Fourth King) has always maintained that if there are peace and trust among people, the nation will achieve untold
Law has no existence for itself; rather its essence lies, from a certain perspective, in the very life of men.
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.
...king some of societies laws is both a right and responsibility. Which in most cases leads to a positive result in society.
The rule of law allows for a mutual understanding of common virtues and a defined path to follow. Strong, respected laws foster strong institutions which promote stability and encourage social development. Without a well system of laws, residents endure serious setbacks: “Conflict-affected states—those, by definition, where the rule of law is lacking—count for disproportionately high percentages of the developing world’s poor, uneducated, and infant deaths,” (Goldston P. 1). Communities depend on laws for stability and prosperity. Several key pillars must be established in order for a community to lay the groundwork for a firm respect of its laws, according to the World Justice Project. Accountability must be established and the government, as well as private actors, need to be held accountable under the law. The laws must be clear, publicized, stable, and just; and protect fundamental rights and core human rights. The processes by which the laws are enacted and enforced must be accessible, fair, and efficient. Justice needs to be delivered in a timely manner by competent, ethical, and independent representatives who are accessible and reflect the makeup of the communities they
- The law is a system of rules that a particular community recognizes to regulate its members as it enforces authority through penalties such as death.
To begin, we must understand the meaning of the rule of law and why the UK courts implement this constitutional principle in day to day practice. British jurist and constitutional theorist A.V. Dicey paved the way for much of our understanding of the rule of law we know today; giving a strong starting point for academics such as Lord Bingham and Joseph Raz whom later on developed the formal and substantive theories of the rule of law. Dicey has three key principles: no punishment unless there is a breach of the law; Law should not be exercised arbitrarily; and there should be a consistency in the creation of law. Dicey simply means that an individual should be aware of laws which apply to them, they are free to act as they please, whether they
Plato and Aristotle both established important ideas about politics and their government. The general idea these two men wrote about were tyranny and the rule of law. What the rule of law is stating is that no one is immune from the law, even the people who are in a position of power. The rule of law served as a safeguard against tyranny because laws just ensure that rulers don’t become more corrupt. These two philosophers explored political philosophy and even though they didn’t agree on much they’re impacts are still around the world today.
Law is a tool in society as it helps to maintain social control, promoting social justice. The way law functions in society and its social institution provide a mechanism for solutions. There are many different theories of the function of law in relation to society in considering the insight they bring to different socio-legal and criminological problems. In the discussion of law’s role in social theory, Leon Petrażycki and Eugen Ehrlich share similar beliefs in the jurisprudence of society. They focused their work on the experience of individuals in establishing meaning in their legal relations with others based on the question of what it means to be a participant in law. Jürgen Habermas presents a relationship between law and morality. From a certain standpoint, law is a key steering mechanism in society as it plays an educational role in promoting conducts, a mean of communication and it
Law is a sense of stability and control. Law gives us a basic outline of wrong from right and without this there would be anarchy, without the limitations of the law there would be nothing stopping us from doing wrong and no consequences from doing so. Laws are almost a subconscious personal protection.
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.
There simply is no alternate system of laws that can maintain the calm and peaceful environment for people of the world besides “law”. One can easily see the need for each and every nation to enforce its own set of rules. While all of the countries of the world have their own individuality – they all have one considerable feature which is a system of law. It has no significance what type of government is the command, the rules are all appropriate to the people in their community.
According to Reference.com (2007), law is defined as: "rules of conduct of any organized society, however simple or small, that are enforced by threat of punishment if they are violated. Modern law has a wide sweep and regulates many branches of conduct." Essentially law is the rules and regulations that aid in governing conduct, handling disputes, and dealing with criminal actions.
Everyone know that Law is a system of rules which are developed in community with a aim to govern a society maintaining, justice, protect individuals and property. There are a lot of countries and they have own set of rules and norms including itself constitutional, criminal, contract, trust, international, tort, administrative and property. During the long time law improving and developing a lot and become more invulnerable and fair. Therefore, in a modern society and most of countries law has become similar with similar legal system. Nowadays there are several general types of legal system in the world and two main most popular of them, which had mostly spread through the world. They
The Rule of Law means that the state should govern its citizens, in a way which works with the rules that have been agreed on. The Rule of Law is simply a fundamental principle of our constitution. Britain and other Western democracies are different in that Britain has an unwritten constitution, meaning that our constitution is not found in a certain document but that we actually have a constitution from the rules about who governs it, and about the powers they entail and how that power can be passed or even transferred. The Constitution includes; Acts of Parliament, Judicial decisions and Conventions.There are three main principles around the Rule of Law being the separation of powers, the supremacy of Parliament and the Rule of Law. The
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.