View Poll Results: What is required to maintain a system of Law

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  • The strength to force compliance

    1 5.88%
  • Values and principles that provide legitimacy

    7 41.18%
  • Some combination of 1 and 2

    6 35.29%
  • Other

    3 17.65%
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Thread: What is the basis for the Rule of Law?

  1. #1
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    What is the basis for the Rule of Law?

    Here is a philosophical question: what is required for a nation to maintain a system based on the rule of law?

    Is the rule of law maintained solely by forced compliance and the strength of the nationís law enforcement agencies? In other words, does the legitimacy of the law depend on the nationís ability to force compliance with the law?

    Does a nation of law require a system of guiding principles and values as the basis for its system of law? Does a nation have to have a system of values and principles that are mutually recognized by the nationís citizens and the nationís leaders lead by example in order to create legitimacy in its system of laws?

    Or does the law require other things for it to be considered legitimate?
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    Re: What is the basis for the Rule of Law?

    It is more useful for me to live in an orderly society than a nonorderly one. I am more likely to find happiness, health, comfort, and resources in order to live my life in the way I wish to.

    For me, that is the only consideration.

    If that usefulness can be optimized (perhaps a national health care service), then my comfort increases. Beyond that, because I have empathy and a personal set of morals, I try to help others increase in comfort, happiness, health, and resources as well.
    Last edited by tacomancer; 02-16-20 at 02:24 PM.
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    Re: What is the basis for the Rule of Law?

    Quote Originally Posted by Unitedwestand13 View Post
    Here is a philosophical question: what is required for a nation to maintain a system based on the rule of law?

    Is the rule of law maintained solely by forced compliance and the strength of the nation’s law enforcement agencies? In other words, does the legitimacy of the law depend on the nation’s ability to force compliance with the law?

    Does a nation of law require a system of guiding principles and values as the basis for its system of law? Does a nation have to have a system of values and principles that are mutually recognized by the nation’s citizens and the nation’s leaders lead by example in order to create legitimacy in its system of laws?

    Or does the law require other things for it to be considered legitimate?
    "Rule of law" refers to governance according to an established set of laws instead by the fiat of a ruler (or group of rulers) such as kings or emperors.

    Maintaining it requires institutions powered to do so, respect for those institutions, and non-corrupt administration. Also, a population committed to those things.
    "They don't believe in our institutions!" the Democrats wail, as they go on and on about how the Senate and Electoral College need to be abolished, the Supreme Court altered, and that the upcoming election result can't be trusted if it doesn't go their way.

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    Re: What is the basis for the Rule of Law?

    Quote Originally Posted by Harshaw View Post
    "Rule of law" refers to governance according to an established set of laws instead by the fiat of a ruler (or group of rulers) such as kings or emperors.

    Maintaining it requires institutions powered to do so, respect for those institutions, and non-corrupt administration. Also, a population committed to those things.
    The term "rule of law" was first used by King John to affirm his divine rule, rejecting the call of the Barons (local warlords) for their participation in a share of royal taxes and revenues, later known as The Magna Carta. Later rejection of "rule of law" appears in Shakespeare's "The first thing we do, let's kill all the lawyers" in Henry VI, Part 2, Act IV, Scene 2 as a call for revolution. The wealthy (the nobility) had the money to hire lawyers to write the laws that oppressed and suppressed the people, "the rule of law."

    Historically, political corruption is defined by those who benefitted thereof, and those who did not and later became the corrupted.

    Not much has changed, if anything at all.
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    Re: What is the basis for the Rule of Law?

    Quote Originally Posted by OldFatGuy View Post
    The term "rule of law" was first used by King John to affirm his divine rule, rejecting the call of the Barons (local warlords) for their participation in a share of royal taxes and revenues, later known as The Magna Carta. Later rejection of "rule of law" appears in Shakespeare's "The first thing we do, let's kill all the lawyers" in Henry VI, Part 2, Act IV, Scene 2 as a call for revolution. The wealthy (the nobility) had the money to hire lawyers to write the laws that oppressed and suppressed the people, "the rule of law."

    Historically, political corruption is defined by those who benefitted thereof, and those who did not and later became the corrupted.
    This entire post is nonsense. Have a good day.
    "They don't believe in our institutions!" the Democrats wail, as they go on and on about how the Senate and Electoral College need to be abolished, the Supreme Court altered, and that the upcoming election result can't be trusted if it doesn't go their way.

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    Re: What is the basis for the Rule of Law?

    In the U.S., the laws have to be Constitutional to begin with. Anyone can make a law to suit themselves, but if it's not legal according to the Bill of Rights then it will never be enforceable. Compliance and legal enforcement of constitutional law comes second and third.









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    Re: What is the basis for the Rule of Law?

    Quote Originally Posted by HumblePi View Post
    In the U.S., the laws have to be Constitutional to begin with. Anyone can make a law to suit themselves, but if it's not legal according to the Bill of Rights then it will never be enforceable. Compliance and legal enforcement of constitutional law comes second and third.
    And without the values, principles, and ideals espoused on the bill of rights and the constitution, the documents themselves would have no meaning.
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    Re: What is the basis for the Rule of Law?

    In democratic republics, governance derives it's power from the assent of the people. In essence, the people agree to be governed. Dissolve that agreement, and it's all over!
    "When fascism comes to America, it will be wrapped in the flag and carrying a cross." - Sinclair Lewis

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    Re: What is the basis for the Rule of Law?

    Quote Originally Posted by Harshaw View Post
    This entire post is nonsense. Have a good day.
    Yup, history doesn't serve your narrative.
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    Re: What is the basis for the Rule of Law?

    Quote Originally Posted by Chomsky View Post
    In democratic republics, governance derives it's power from the assent of the people. In essence, the people agree to be governed. Dissolve that agreement, and it's all over!
    I suggest you meant to say consent instead of assent. Tho assent is a requirement prior to consent.
    What kind of a man is a man who has not left this world a better place?

    No one is in control.

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