In this sense, the rule of law stands in contrast to an autocracy, dictatorship, or oligarchy, in which the rulers are held above the law.
Lack of the rule of law can be found in both democracies and dictatorships, because of neglect or ignorance of the law, for example, and the rule of law is more apt to deteriorate if a government has insufficient corrective mechanisms for restoring it.
The rule of law system in the United States is established in the U. The U. Constitution itself became the law of the land well over two hundred years ago, and the tenets set forth in the document remain in full force today. The way in which the Constitution is applied, though, has always been subject to court interpretation. As circumstances and public opinion evolve through the years, so too do the interpretations offered by the courts.
The establishment of a system of laws was not invented by the founding fathers of the United States. The idea of written laws goes back to ancient Mesopotamian culture that prospered long before the Bible was written or the civilizations of the Greeks or Romans flowered. In fact, the oldest known evidence of a law code is tablets from the ancient city Ebla Tell Mardikh in modern-day Syria.
They date to about BCE. Answer the question s below to see how well you understand the topics covered above. This short quiz does not count toward your grade in the class, and you can retake it an unlimited number of times.
Use this quiz to check your understanding and decide whether to 1 study the previous section further or 2 move on to the next section. Skip to main content. Chapter 5: Legal Environment. Search for:. The Meaning and Purposes of Law.
For instance, affluence has always been viewed positively throughout European culture, yet some east-asian cultures view materialism in a far less favourable light. Since that is the case, it seems that the human nature argument, that is, the argument which supposes humans instinctively view affluence as a positive thing, will not help us here.
Instead, the rigidity of cultural beliefs as they are passed between generations seems to do well in explaining such rigid beliefs over time. We would have produced either a bill or doctrine to guide human behaviour. In this regard, the central planning of culture is a function of law: social order. So, the laws are important for the progress of society. The laws of society progress society by solving the problem of stasis ; when a social-ill arises, we can bring it to the attention of the courts, who have been delegated the responsibility of maintaining social order.
We would not have to wait for cultural beliefs to change. The Inefficiencies which stem from unorganized groups, supposing we live in a society without rules , when dealing with those who are anti-social, violent, and disregard social customs are self-evident.
Since the group does not have law, and, for whatever reason, does not want to create social roles and legislation which create delegated officials to determine sanctions, they would have to wait until an occurrence happened and then respond. A legal system pre-emptively supposes that societies come with a certain level of disorder, of which justifies the existence of the system.
However, because the lawless society seeks to avoid sovereigns of any sort, as well as legislation of any sort, they will always have to scramble to punish those who disrupt their society. And since they cannot develop case law, no amount of experience will lead to quicker determinations; because, if they did rely on previous rulings to determine punishment, then they would have a legal system.
That is what I wasted on university before realizing my passion is just to read, write, and think. Skip to content Why Laws Are Important The 3 Reason why laws are important : Laws lessen uncertainty Laws lessen stasis Laws lessen i nefficiency Laws Are Important For Social Uncertainty A society without laws would have no way to solve the social issues which arrive within their collective arrangement. One set of such constraints concerns the sorts of behaviour that may legitimately be prohibited.
The other set of constraints which concerns what is needed in order to establish criminal responsibility that is liability, independently of the content of the particular statute whose violation is in question. Legal system reflects all the energy of life within in any society. Law has the complex vitality of a living organism.
We can say that law is a social science characterized by movement and adaptation. Rules are neither created nor applied in a vacuum, on the other hand they created and used time and again for a purpose. Rules are intended to move us in a certain direction that we assume is good, or prohibit movement in direction that we believe is bad. The social rules are made by the members of the society. Disobedience of the social rules is followed by punishment of social disapproval.
There is no positive penalty associated with the violation of rules except excommunication or ostracism. On the other hand, law is enforced by the state. The objective of law is to bring order in the society so the members of society can progress and develop with some sort of security regarding the future.
The state makes laws. Disobedience of state laws invites penalty, which is enforced by the government by the power of the state. What is not enforceable is not Law. Law is a system of rules and guidelines which are enforced through social institutions to govern behaviour, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people.
If the harm is criminalized in legislation, criminal law offers means by which the state can prosecute the perpetrator. Constitutional law provides a framework for the creation of law, the protection of human rights and the election of political representatives.
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