RULE OF LAW
Meaning and Origin: The concept of Rule of Law is that the state is governed by the law, not by the king or the representatives of the people. In other words, rule of law means no one is above the law. The term “rule of law” is derived from the French phrase la principe de legalite (the principle of legality) which refers to a government based on principles of law and not of person. In this the concept of la principe de legalite was opposed to arbitrary powers.
Firstly, Greeks located the concept of the rule of law. Jurist Aristotle made a difference between procedural justice and moral justice and wrote that “law should be the final sovereign”. James M. Buchanan distinguishes between “law” and the “rule of law”. Thomas Aquinas and St. Augustine argued that rule of law represents the natural order of God as ascertained through divine inspiration and human resource. In the medieval, the English jurist Edward Coke asserted that king must be under God and law. The modern concept of the rule of law is fairly wide and sets up ideal for any government to achieve and was developed by the International Commission of Jurists, known as Delhi Declaration, 1959. According to this the rule of law implies that the function of the Government in a free society should be so exercised as to create condition in which dignity of man as an individual is upheld.
“Rule of Law” is to be understood neither as a “rule” nor a “law”. It is generally understood as a doctrine of “state
The rule of law is reflected as a core principle of our nation and vital to ordered liberty. To rightly govern the American rule of law it is essential to acknowledge the continuity between the American Declaration of Independence and the U.S. Constitution. The United States of America “government” is framed by these two important documents. The principles of the Declaration of Independence constitute the foundation of the government based on the universal equality of all human beings, and the U.S. Constitution founds the political process that is to be followed by the elected officials in governing the people. One cannot be without the other; both are essential for a stable government.
Since the beginning of times, rulers from all cities all over the world would create laws that everyone is to follow, to ensure they know who their ruler is. this law code is not an exception.
Charlemagne
Although it is said that this document was written, edited, and translated by George bell and
Henderson Hernest F and was published by a publishing house with the name of George bell and sons situated in London England in 1896 , it is also mentioned that the original author of this law code is Charlemagne, a Christian Roman emperor that ruled from 800 to 814. I think this document was rewritten because the wanted to make it more clear for a wider variety of people.
Kings and Gods
Babylonian and Assyrian laws serve as the establishment of what we know as law today. Their primitive faculties of equity set up frameworks of force in which people were taken a gander at as divine beings and seen as powerful vessels to the soul world. Mesopotamia got to be one of the pioneers in religion being absorbed in legislative issues. Despite the fact that, the ruler was seen as a divine being himself, individuals saw the lord as the nearest being to their lords of love. In the wake of being given so much power and obligation, the dependability of the lord comes into inquiry.
Just law makes someone personality better and makes them joyful. He refers just laws as “the law of God” because King connects himself to God by saying that they legal rights and constitutional rights are God’s giving rights and that him and his followers are obeying theses rights.
Throughout the history of mankind, society has defined itself by law and the order that law creates. “Laws are the binding rules of conduct or action which the vast majority of the society has to abide”. Justice on the other hand is rather an abstract concept. There is no right or wrong definition of justice, but is rather agreed upon the concept of being fair and equal. Many would assume that the sole purpose of law is to establish justice, which seems like a wonderful philosophical theory but is slightly difficult to follow.
and Aquinas both identify a 'higher law.' In "Letter from a Birmingham Jail," King refers to this higher law as "moral law" or the "law of God." Similarly, Aquinas uses the terms "natural law" and "eternal law." This 'higher law' takes precedence over human law. 'Higher law,' according to both King and Aquinas, comes from God and gives the universe its rational and moral order.
Introduction
Finders keepers, losers weepers is a childhood adage that means whatever is found on the school playground can be kept but there is no principle of law that supports an individual is entitled to keep something he finds, while the original owner bears the loss. The premise when something is lost by one individual and found by another has been expressed in various ways over the centuries.
In a democracy, the rule of law defends the rights of citizens, upholds order, and bounds the power of government. All people are equal under the law. The rule of law. Martin Krygier, Professor of Law at the University of New South Wales, argues that there are four essential principles underlying the rule of law. They are universality of the scope of the law, clarity for all citizens, supportive and culturally appropriate institutions and an appropriate legal culture.
Rule of law is essentially the shared values of a people. Rule of law also means that no matter who you are Prime Minister, richest man/woman on the planet, or the most famous person alive the law is no different and that is where the whole concept of justice is blind comes
1. Explain why it might be difficult to effectively study law following the positive transition. What are the advantages and disadvantages of a humanistic approach to the study of law?
Studying law is relatively difficult as the degree holds much of the responsibilities to sort out the issue concerned with the society (ANU, 2014).
Natural law theory states that there are laws that are immanent in nature and the man made laws should correspond as closely as possible. Man can’t produce natural laws but he can find and discover through his reasoning. If a law is contrary to a natural law then it is not a law. Laws should be related to morality. It is a concept of a body of moral principal that is same for all the man
The law is an intriguing concept, evolving from society’s originalities and moral perspectives. By participating in the legal system, we may endeavour to formulate a link between our own unique beliefs and the world in which we live. Evidently, a just sense of legality is a potent prerequisite for change, enabling society to continue its quest for universal equality and justice. Aristotle once stated that "even when laws have been written down, they ought not to remain unaltered".
Law is present in our daily life and in everything we do. We cannot think a second without law. Whatever we can see around us everything is connected with the law. Sometimes we can see it and sometimes we cannot see but feel it. Law is not just a thing to obey for yourself but making a peaceful society.
DEFINITION OF LAW:
Law is outlined as the principles and regulations set by the governing authority, and have binding legal forces. It must be endorsed and obeyed by the citizens, subject to penalties or legal consequences. It depicts the will of the supreme power of the state. The basic purpose of law is to regulate the society, to safeguard and shield the rights of people and to resolve conflicts. It acts as barrier is preventing people from behaving in a negative manner that affects the rights and quality of life other people, hence violation of law implies the punishment of lawbreakers
Dysfunction of Law:
Dysfunction of law means failed to abide by the law.
