Topic > Rule of Law - 1058

Marxists examine the true nature of law to reveal its functions in organizations of power and to undermine the legitimizing ideology pervasive in modern industrial societies known as the Rule of Law. - Professor Hugh CollinsLaw and economics have always been a complementary arrangement that aids the other in validating the maintenance of law and order. This may not always be beneficial to the whole, but as an unavoidable reality, order tends not to exist in poverty and economic decline. The origins of the rule of law in ancient European civilization have made it perhaps one of the most prestigious and longest-lived legal theories still in existence. Originally described by Plato as “Where the law is subject to some other authority and has no authority of its own, the collapse of the state, in my opinion, is not far off; but if the law is the master of the government and the government is its slave, then the situation is full of promise..." . Plato believed that a ruler was above the law, but nevertheless respected its functioning and application. While this is different from modern interpretations, it adds to the constant development and expansion of the rule. Modern interpretations can be traced back to the late 19th century. One of the most authoritative authorities on the rule of law is AV Dicey in the “Introduction to the study of the law of the Constitution where he sets out three fundamental principles; “It means, first of all, the absolute supremacy or predominance of regular law over the influence of arbitrary power… It means, again, equality before the law or the equal submission of all classes to the ordinary law of the territory administered by ordinary courts...The rule of law, finally, can be used as a f...... middle of paper......if the rule of law then citizens may resent the system. Therefore, the law has an internal morality that goes beyond the social rules under which valid laws are made. Fuller's sense of fairness in this matter involves the duties involved in the social relationship between each individual and how they interact with each other. The rule of law and its set of requirements attempted to provide the specifics under which legislators could govern not only legally but responsibly. Not only does it limit the extralegal use of power, but its practice also limits injustice. It is therefore often argued that the rule of law has moral value only instrumentally, valuable when and to the extent that a legal system is used to pursue morally valid ends. Therefore, as such, the rule of law has an instrumental value, as it draws attention to the atrocities of the state and the implications it has on the government and its citizens..