Rule of Law

[Darkwind]

In 500 words or less, express why the "Rule of Law" is an important concept in American Society.

 

[georgephillip]

In 500 words or less, express why the "Rule of Law" is an important concept in American Society.

In theory the "Rule of Law" should serve as a constitutional foundation supporting a legal framework where no entity, including government, is above the law; where laws protect fundamental rights; where justice is equally accessible to all, and universal rights make the resulting society prosperous and fair to all.

Why do you ask?

 

[boedicca]

One word: Predictability.

Without a proper Rule of Law, the individual's life is victim to the Whim of the King/Dictator/Bureaucrat. In such a system, the individual cannot reasonably make plans for the future (including investment)...and progress stops.

Which is exactly what is happening in Obamanomics.

 

[Darkwind]

In 500 words or less, express why the "Rule of Law" is an important concept in American Society.

In theory the "Rule of Law" should serve as a constitutional foundation supporting a legal framework where no entity, including government, is above the law; where laws protect fundamental rights; where justice is equally accessible to all, and universal rights make the resulting society prosperous and fair to all.

Why do you ask?

I ask because of the disturbing trend I have noticed in the past two months with regard to justification for political positions.

In order to actually discuss issues, there has to be a frame of reference upon which everyone agrees, or at least, understands the meaning.

So, before I can actually bother with writing a essay on the topic I'm considering, I need to know if it will be wasted to post here.

 

[georgephillip]

In 500 words or less, express why the "Rule of Law" is an important concept in American Society.

In theory the "Rule of Law" should serve as a constitutional foundation supporting a legal framework where no entity, including government, is above the law; where laws protect fundamental rights; where justice is equally accessible to all, and universal rights make the resulting society prosperous and fair to all.

Why do you ask?

I ask because of the disturbing trend I have noticed in the past two months with regard to justification for political positions.

In order to actually discuss issues, there has to be a frame of reference upon which everyone agrees, or at least, understands the meaning.

So, before I can actually bother with writing a essay on the topic I'm considering, I need to know if it will be wasted to post here.

I don't think your essay will be wasted; however, it might be more productive if you considered posting it in the Clean Debate Zone. I would think defining "rule of law" would transcend partisan politics, but maybe finding a couple of prominent leftists and conservatives and quoting their definitions would give you some common ground to start on. Here's one source I found that seems relatively unbiased:

"What is the Rule of Law?

"The rule of law is a system in which the following four universal principles are upheld:

The government and its officials and agents as well as individuals and private entities are accountable under the law.
The laws are clear, publicized, stable and just, are applied evenly, and protect fundamental rights, including the security of persons and property.
The process by which the laws are enacted, administered and enforced is accessible, fair and efficient.
Justice is delivered timely by competent, ethical, and independent representatives and neutrals who are of sufficient number, have adequate resources, and reflect the makeup of the communities they serve.
These four universal principles which comprise the WJP's notion of the rule of law are further developed in the nine factors of the WJP Rule of Law Index."

What is the Rule of Law? | The World Justice Project

 

[The T]

In 500 words or less, express why the "Rule of Law" is an important concept in American Society.

Staving off TYRANNY.

That is all.

 

[occupied]

In many cases the rule of law is nothing but an enabler of tyranny. Bureaucrats and police enforce bad laws all the damned time and are quick to say they are "only following orders" or "doing their job". The rule of law is the bedrock of a free society or the chains that bind an oppressive one, there is no inherent virtue in the law, only protection of the status-quo and the elite, any virtue is found when the people successfully get laws passed to protect them from the lawgivers and law enforcers.

 

[WelfareQueen]

In many cases the rule of law is nothing but an enabler of tyranny. Bureaucrats and police enforce bad laws all the damned time and are quick to say they are "only following orders" or "doing their job". The rule of law is the bedrock of a free society or the chains that bind an oppressive one, there is no inherent virtue in the law, only protection of the status-quo and the elite, any virtue is found when the people successfully get laws passed to protect them from the lawgivers and law enforcers.

Are you saying this is the case in the United States? That our laws are tyrannical so therefore the ends justify the means? The question was in reference to the U.S.

If you are making an accusation about our Government speak plainly.

 

[WelfareQueen]

In 500 words or less, express why the "Rule of Law" is an important concept in American Society.

The Rule of Law is the only thing that maintains order in a civil society. Law is not perfect. In our Republic all Law is derived solely from We the People.

Law in our Republic never comes from the Executive Branch. The Executive Branch has zero power to initiate, amend, or nullify Law. The Judicial Branch has zero power to initiate, amend, or nullify Law.

If any Branch of Government attempts to usurp the will of the people by attempting to initiate, amend, or nullify Law except our elected Legislators, that is the definition of tyranny.

The Legislative Branch is the People's Branch. They are supposed to directly represent our interests. If we don't like what they do, we can vote them out. That is our system of Government. That is the rule of law.

 

[georgephillip]

In many cases the rule of law is nothing but an enabler of tyranny. Bureaucrats and police enforce bad laws all the damned time and are quick to say they are "only following orders" or "doing their job". The rule of law is the bedrock of a free society or the chains that bind an oppressive one, there is no inherent virtue in the law, only protection of the status-quo and the elite, any virtue is found when the people successfully get laws passed to protect them from the lawgivers and law enforcers.

During my childhood in the 1950s and '60s I remember hearing regular news reports of Jim Crow laws being used to discriminate against non-Whites in states like Alabama and Florida. Legislators, Executives, and the courts have to devise and administer laws impartially if they want the population to pay attention. That seems unlikely as long as money influences all three branches of US government to the extent it does today.

 

[occupied]

In many cases the rule of law is nothing but an enabler of tyranny. Bureaucrats and police enforce bad laws all the damned time and are quick to say they are "only following orders" or "doing their job". The rule of law is the bedrock of a free society or the chains that bind an oppressive one, there is no inherent virtue in the law, only protection of the status-quo and the elite, any virtue is found when the people successfully get laws passed to protect them from the lawgivers and law enforcers.

Are you saying this is the case in the United States? That our laws are tyrannical so therefore the ends justify the means? The question was in reference to the U.S.

If you are making an accusation about our Government speak plainly.

The law is not enforced fairly across the various socioeconomic lines in our society, we all know it for a fact. We all know that a good lawyer makes all the difference. We all know that white collar crime is punished much more lightly than regular old crime. We are all aware that the law can protect criminality and punish righteousness. In short, I have no special reverence for the law or the officers who enforce it as they are as flawed and fallible as humanity itself and all too often is used as a weapon against us rather than the shield that protects us from chaos.

 

[longknife]

WelfareQueen came up with an awesome explanation that I fully agree with.

 

[WelfareQueen]

In many cases the rule of law is nothing but an enabler of tyranny. Bureaucrats and police enforce bad laws all the damned time and are quick to say they are "only following orders" or "doing their job". The rule of law is the bedrock of a free society or the chains that bind an oppressive one, there is no inherent virtue in the law, only protection of the status-quo and the elite, any virtue is found when the people successfully get laws passed to protect them from the lawgivers and law enforcers.

Are you saying this is the case in the United States? That our laws are tyrannical so therefore the ends justify the means? The question was in reference to the U.S.

If you are making an accusation about our Government speak plainly.

The law is not enforced fairly across the various socioeconomic lines in our society, we all know it for a fact. We all know that a good lawyer makes all the difference. We all know that white collar crime is punished much more lightly than regular old crime. We are all aware that the law can protect criminality and punish righteousness. In short, I have no special reverence for the law or the officers who enforce it as they are as flawed and fallible as humanity itself and all too often is used as a weapon against us rather than the shield that protects us from chaos.

Which system of Government do you prefer over ours?

 

[WelfareQueen]

In many cases the rule of law is nothing but an enabler of tyranny. Bureaucrats and police enforce bad laws all the damned time and are quick to say they are "only following orders" or "doing their job". The rule of law is the bedrock of a free society or the chains that bind an oppressive one, there is no inherent virtue in the law, only protection of the status-quo and the elite, any virtue is found when the people successfully get laws passed to protect them from the lawgivers and law enforcers.

During my childhood in the 1950s and '60s I remember hearing regular news reports of Jim Crow laws being used to discriminate against non-Whites in states like Alabama and Florida. Legislators, Executives, and the courts have to devise and administer laws impartially if they want the population to pay attention. That seems unlikely as long as money influences all three branches of US government to the extent it does today.

All Law comes from We the People. Are We the People perfect? Have you ever met a perfectly impartial human being?

You are asking for something that does not exist. No Law has ever been administered perfectly. My question for you is the same as the poster above. If you do not like this system of Government, which one would you prefer?

 

[Katzndogz]

In 500 words or less, express why the "Rule of Law" is an important concept in American Society.

In theory the "Rule of Law" should serve as a constitutional foundation supporting a legal framework where no entity, including government, is above the law; where laws protect fundamental rights; where justice is equally accessible to all, and universal rights make the resulting society prosperous and fair to all.

Why do you ask?

Society is never supposed to be fair. Fairnesd is the antithesis of justice. It's justice for all not fairness for all.

 

[Sherry]

It requires a balance between laws and freedoms. Some laws can protect our freedom, and some laws can restrict our freedom. It is the responsibility of the people to remain vigilant that the laws do not overly infringe upon our freedoms...never become complacent and place blind trust in elected government officials, because they are put in that position to serve the citizenry.

 

[occupied]

Are you saying this is the case in the United States? That our laws are tyrannical so therefore the ends justify the means? The question was in reference to the U.S.

If you are making an accusation about our Government speak plainly.

The law is not enforced fairly across the various socioeconomic lines in our society, we all know it for a fact. We all know that a good lawyer makes all the difference. We all know that white collar crime is punished much more lightly than regular old crime. We are all aware that the law can protect criminality and punish righteousness. In short, I have no special reverence for the law or the officers who enforce it as they are as flawed and fallible as humanity itself and all too often is used as a weapon against us rather than the shield that protects us from chaos.

Which system of Government do you prefer over ours?

What could possibly be better than the plutocracy we enjoy right now? Perhaps one where if you rob a bank with a gun you get punished the same as if you robbed it with a fountain pen? Seriously do you actually agree with the way that big money gets off where the poor are thrown under the jailhouse to rot? Were we even discussing government anyway? I am commenting on the rule of law where it impacts our lives directly, what the hell are you talking about?

 

[WelfareQueen]

The law is not enforced fairly across the various socioeconomic lines in our society, we all know it for a fact. We all know that a good lawyer makes all the difference. We all know that white collar crime is punished much more lightly than regular old crime. We are all aware that the law can protect criminality and punish righteousness. In short, I have no special reverence for the law or the officers who enforce it as they are as flawed and fallible as humanity itself and all too often is used as a weapon against us rather than the shield that protects us from chaos.

Which system of Government do you prefer over ours?

What could possibly be better than the plutocracy we enjoy right now? Perhaps one where if you rob a bank with a gun you get punished the same as if you robbed it with a fountain pen? Seriously do you actually agree with the way that big money gets off where the poor are thrown under the jailhouse to rot? Were we even discussing government anyway? I am commenting on the rule of law where it impacts our lives directly, what the hell are you talking about?

Our Laws are administered by our Government....not by Martians. Second, you assume every poor person gets the shaft in our legal system.

Why do you make that assumption?

 

[occupied]

Which system of Government do you prefer over ours?

What could possibly be better than the plutocracy we enjoy right now? Perhaps one where if you rob a bank with a gun you get punished the same as if you robbed it with a fountain pen? Seriously do you actually agree with the way that big money gets off where the poor are thrown under the jailhouse to rot? Were we even discussing government anyway? I am commenting on the rule of law where it impacts our lives directly, what the hell are you talking about?

Our Laws are administered by our Government....not by Martians. Second, you assume every poor person gets the shaft in our legal system.

Why do you make that assumption?

You have it backwards, I know that deep pockets and good lawyers equals acquittal or at least a much lighter sentence if you can even get a DA to bring a case to trial. If you still don't get the thrust of my comments I suggest rolling on over to anther thread that is a little less complicated for you.

 

[WelfareQueen]

What could possibly be better than the plutocracy we enjoy right now? Perhaps one where if you rob a bank with a gun you get punished the same as if you robbed it with a fountain pen? Seriously do you actually agree with the way that big money gets off where the poor are thrown under the jailhouse to rot? Were we even discussing government anyway? I am commenting on the rule of law where it impacts our lives directly, what the hell are you talking about?

Our Laws are administered by our Government....not by Martians. Second, you assume every poor person gets the shaft in our legal system.

Why do you make that assumption?

You have it backwards, I know that deep pockets and good lawyers equals acquittal or at least a much lighter sentence if you can even get a DA to bring a case to trial. If you still don't get the thrust of my comments I suggest rolling on over to anther thread that is a little less complicated for you.

So I think your point is the Rule of Law is utterly corrupt. Our legal system is corrupt. And the ends justify the means. Got it.