Law is one of the fundamental elements of any human society, with some degree of legislation forming integral parts of human communities from time immemorial. In essence the function of aw is to tell people what they can do, while laying down what they cannot do. The tree important themes to be discussed are firstly the origins and purpose of law, secondly the concept of order in law, and finally the relationship between law and justice.
Law
Simply defined as a means of enforcing norms or standards of social behaviour, however political theorists see it more of a distinctive social institution above norms and social behavioural standards.
Law constitutes a set of rules, devised by government that are to take precedence over all the other so called rules that dictate and influence day to day life.
Law is compulsory - they must be obeyed, a system of punishment and coercion is employed by the government to ensure that they are indeed obeyed.
St. Thomas Aquinas (c. 1225-1274), the eponym of T...
Thomas Aquinas depicted in stained glass
Law SchoolLaw has a public quality, in that it is a published set of rules that are presumed to be known by all.
Laws are considered to be binding upon those to whom they apply.
The Rule of Law
A constitutional principle that is applied to its fullest in the liberal democracies of global society. It simply means that everybody is subject to the laws of the state, and it is regarded as a tool for the protection of the rights of the individual.
Drawn up by Dicey, the following points are the apex of this philosophy.
No one should be punished except fro breaches of the law.
Equal subjection to the law - equality of all before the law.
Certainty of punishment when the law has been broken.
Rule of law requires that the rights and liberties of...