Law is the activity of subjecting human behavior to the governance of rules. The rule of law is concerned with regulating the use of power. Whereas society is a spontaneous order, the state is a protective agent with the monopoly role of enforcing the rules of the game. Since the monopoly on coercion belongs to the government, it is imperative that this power not be misused. Under the rule of law, everyone is bound by rules, including the government. The rule of law requires law to be: general and abstract, known and certain, and equally applicable to all people. The rule of law also necessitates independent judges unmotivated by political considerations and protection of a private domain of action and property.
In a free society each person has a recognized private sphere, a protected realm which government authority cannot encroach upon. The purpose of law is to preserve freedom and moral agency. The rule of law is a meta-legal principle. Similar to natural law......
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Approximate Word Count: 612
Approximate Pages: 3 (260 words per double-spaced page) |