The Concept of Law
The concept of law is an overarching system of rules that govern behavior and are enforced by governmental and social institutions. While the exact definition of law is controversial, some see it as a science and others call it the art of justice. The main goal of law is to protect society from wrongdoing, promote equality, and protect property.
Principles of the Rule of Law
The Rule of Law is a theory of government characterized by certain core principles. These principles address the formal and procedural aspects of law, and embrace certain substantive values. Lon Fuller defined eight formal principles, namely generality, prospectivity, stability, intelligibility, consistency, practicability, and congruence.
The rule of law is an important concept, but it is also limited. In general, a country with a rule of law must have laws that guide its citizens. Although laws should be enacted legally, enactment of discretionary legal provisions may be more appropriate in certain situations. However, this does not mean that the rule of law cannot be modified.
Origins of the Rule of Law
The origins of the Rule of Law date back to the early days of civilization. Philosophers like Aristotle and Niccolo Machiavelli sought to distinguish between lawful and despotic forms of kingship. Such discussions have continued into the modern era. Even today, many debates about the nature of law and government recur.
The Rule of Law is the idea that all individuals are held to the same set of laws, regardless of class or social status. This concept has its roots in ancient Greece and the philosophy of Aristotle. Aristotle considered the relative merits of a strong leader and laws and concluded that laws were the most appropriate means for governing a society. They were well thought out and applicable to most situations.
Concept of the Rule of Law
In its most basic form, the concept of the rule of law states that everyone should obey the law. This is in stark contrast to tyranny or oligarchy, which are both examples of oppression. The concept of the rule of law is centuries old. The ancient Greek philosopher Aristotle wrote extensively about the benefits of an effective legal system, and he stated in Politics that the power of an effective law will outlast the strength of its leader.
The concept of the rule of law has many attributes. It also has far-reaching implications. In the case of the United States, the concept of the rule of law is the foundation of certain rights. The concept also serves as a tool for evaluating the quality of laws.
Legal systems are systems that have rules, institutions, and procedures that interpret, clarify, and explain rights and responsibilities. There are three primary types of legal systems. One is a jury system, which determines the facts in lawsuits. Another type of legal system is an electoral system, which aims to make democratic choices.
Civil law systems investigate facts and determine whether they fit within specific codes. In civil law systems, courts have jurisdiction over specific types of cases, including criminal, civil, and administrative. Other categories include maritime, tax, and constitutional courts.