rule of law essay question

rule of law essay question

The Importance of the Rule of Law in Society

1. Introduction

Since the ICC has come into existence, it has initiated a new era of international law. This is an extremely positive sign for the development of the international rule of law and shows signs of progress for the resolving of international disputes by peaceful means.

In our world today, there are over sixty countries which have accepted it by adding it into their country’s constitutions. This shows how widely the idea is accepted and respected, and is an important indication of its significance. Because the rule of law is a principle of law and therefore to exist it must be implemented by law, when the international rule of law was developed, it was done so in the form of treaties which were proposed and signed by the world nations, thus making them binding but only upon those nations that proposed them. This would change some years later with the establishment of the International Criminal Court.

The rule of law is an essential doctrine, which forms the necessary framework for a just society. The rule of law has a variety of definitions, and even within the standard dictionaries it is described in many different ways. But the most simplistic definition is that the laws should apply to everyone the same way, regardless of the personal characteristics of the person, and disregarding the person’s power, their wealth or connections within the government. And however the rule of law is defined, it has provided one of the most basic principles for just law making around the world.

2. Definition and Principles of the Rule of Law

The simplest way of defining the rule of law is that the laws are paramount over government and that all persons (individual and government) are subject to the law. It is a concept that is at the core of Western liberal democratic ideologies and provides the framework for a just, equal, and civil society. However, this definition barely scrapes the surface. This is due to the fact that this is an incredibly old concept. The phrase “Let justice be done” is found in verse 1066 of the Anglo-Saxon Chronicle. It was written to say that justice should outlive administration. 800 years later, the constitution of the World Health Organization states that health is a state of complete physical, mental, and social well-being and is not merely the absence of disease or infirmity. This is also advocating justice, health being a matter for justice from a legal system that upholds human rights. So, to understand the rule of law throughout these societies, we have to look at it with an understanding that it is a variable concept and has evolved with the political theories and the structures of the societies. This leads us to believe that the rule of law is a multidimensional concept that is open to interpretation at the best of times. Nevertheless, there are still some universal principles that can be molded into simple definitions. Mitigation against arbitrary power, the principle of formal legality, and accountability of both ruler and ruled are just a few examples. However, in itself, this is still a massive subject.

The rule of law is difficult to define in its entirety. Many have written on the theory and what constitutes the rule of law. The difficulty is due to the notion that the rule of law is a general belief. Thus, we are looking at a concept that has evolved at the same pace as the perceptions of society, and the different political and philosophical ideologies that have emerged over time. This has resulted in varied definitions and interpretations of what the rule of law actually means. This essay will first explain the several different definitions that have been produced. It will then go on to consider some of the principles of the rule of law, how these have been challenged and compromised throughout history, and how the worth of the rule of law has been measured.

3. Benefits of the Rule of Law

The rule of law contributes to the maintenance of peace. A society in which the law is respected is a society which will be relatively free from violence. This is because if there is a law which is generally known and is seen to be enforced, people will structure their affairs so as to avoid breaking it. This was formalized by Hobbes in Leviathan, in his now famous analysis of human nature (p. 64): “Covenants, without the sword, are but words, and of no strength to secure a man at all. Howsoever a man may desire to keep his covenants, it is life if necessity he break them.” On the other hand, governments which have not been subjected to the rule of law have achieved internal peace only through totalitarian repression. This is clearly the case with Stalin’s Russia and with Hitler’s Germany. While it is true that there are some regimes which are so anarchic that the enforcement of legal order is unattainable, it is far from obvious that the people living under these regimes would not prefer the security of a repressive peace to the dangers of an open conflict. On the whole, therefore, the rule of law is one of the hallmarks of civilization. The rule of law maximizes the scope for personal autonomy. This is because it creates a general framework in which individuals can make personal choices as to how they wish to live without having to worry about the intentions of others. In a society without the rule of law, the primary concern of individuals is to protect themselves against force and fraud. This might involve resorting to force on their part to preempt possible attacks from others. It might involve seeking to forge a coalition so strong that it will be able to defeat any potential rivals. It will almost certainly involve spending a great deal of time and money trying to buy protection from various power brokers. This can be seen quite clearly in many third world countries today, and in medieval Europe it led to the emergence of a feudal societal structure which was characterized by its lack of personal freedom.

4. Challenges to the Rule of Law

A world in which the rule of law is respected and the United Nations’ Declaration of Human Rights is adhered to and enforced would imply such a principle underpinning the guarantees given by the rule of law. It would be a good and just world. The above words of the late Kofi Annan, former Secretary General of the United Nations, imply the power of the rule of law in securing justice and human rights. He puts across his point with such vigor that only through the existence of the rule of law, justice, equity, and the principles of the human rights declaration can really be justified. Unfortunately, the high hopes the world had for the rule of law after the end of the Cold War have not yet been fully realized due to the nature of the legal systems in place and the various challenges to these systems.

5. Conclusion

In many areas of life, there is a lack of respect for the basic rights of others and an increased culture of compensation and blaming. There is a danger that our society is sleep-walking into the same ‘dark age’ which hon. & learned friends have described visiting in their experience in other countries, and ahead of which the Hon. Branston assumes we were always since 1189. This is not an age we should wish either for ourselves or for those who follow us. A society without the rule of law is a society in which rights are not recognized but are won or lost by power. And it is the weakest who suffer the most in such a society.

Reflecting on our own society today, it is clear that the threats to the continued presence of the rule of law are very real. A dangerous and over-powerful executive, a disrespectful and over-critical public, a clear failure to understand the practical requirements of justice, and a poverty of understanding about the fundamental nature of law, threaten to undermine the rule of law.

What emerges from all this is the understanding that the rule of law is a dearly bought public good that makes quality of life possible. It is not a luxury or an unnecessary frill, nor is it self-indulgence for lawyers. Lawyers may get no more from the rule of law than a livelihood. A society without the rule of law is a society that is both brutal and poor.