Law is a set of rules that govern behavior and are enforced by governmental and social institutions. There has been much debate about the precise nature of law. Some have described it as the “science of justice” or “the art of justice.” Regardless of the precise definition, it’s important to understand how it works.
Principles of the Rule of Law
The principles of the Rule of Law are a set of values and standards that ensure the proper functioning of a legal system. These values are not limited to any one set of circumstances, but encompass the procedural and formal aspects of governing by law. Some of these principles are purely formal in nature, while others embrace specific substantive values that ensure a system’s success. Those who support the Rule of Law emphasize certain features of the system, such as its consistency, predictability, and accessibility.
The principle of rule of law requires that justice is delivered by impartial, competent representatives with adequate resources. Such representatives should reflect the diversity of the communities they serve. These principles have been tested by experts worldwide to ensure that they accurately reflect the realities of each country’s legal system.
Its formal and procedural aspects
Law is a system of rules and procedures. These rules reflect values and priorities. For example, procedural rules may aim at obtaining truth, a speedy resolution, or consistent application of legal principles. These goals may not be mutually exclusive. Procedural justice involves balancing these competing values.
Law must decide upon the rights and obligations of individuals and collective bodies, and it must also decide how to enforce them. Otherwise, the legal system would be unfair and inefficient. It would also disturb social peace. As such, the formal and procedural aspects of law are essential.
Its substantive ideals
Law has two main categories of rules: procedural law and substantive law. Each group contributes to the society in different ways. The primary group provides basic rules that make the society work, while the secondary group serves as a means to an end. In principle, substantive law is more rigid, while procedural law is more flexible.
Substantive equality is a central idea of procedural and substantive law. The term refers to a kind of “moral equality” that goes beyond the superficial equality between individuals. It favors structurally disadvantaged groups and minorities. The proponents of substantive equality believe that minorities, women, and structurally disadvantaged groups deserve special treatment. They also propose affirmative action as a way to level the playing field.
Its impact on moral thought
Legal scholars have long theorized about law’s role in moral thought. Some empirical research has been done to determine the influence of law on moral beliefs. But there is little empirical evidence concerning the impact of law on moral thought in the context of moral dilemmas. The purpose of this article is to highlight the relevance of law in the context of moral dilemmas.
The relationship between law and moral thought is complicated. There are many factors at work. While this relationship is not simple, a few observations can be made.
Its implications for legal scholarship
Social science methods can be applied to legal scholarship. The earliest use of social science in legal scholarship occurred during the 1920s and 1930s, when legal realism was dominant. This practice relied on counting and observation rather than testing theory. It took decades before social scientific methods became widely influential. A major shift began in the 1960s, with the emergence of a movement known as “law and society” that applied empirical sociological methods to legal problems. The movement’s scholars used surveys to measure public opinion and other data sources to analyze law.
Despite this influence, legal scholarship has long maintained its autonomy in doctrinal development. Rather than relying on political logic, legal scholars need to ensure that their substantive ideas are validated by interdisciplinary sources.
