Difference between revisions of "Notes:Bcat1.Notes for 'Rule of Law'"
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| − | + | Ch10 | |
| + | <br>Points to make: | ||
| + | *"The rule whereby the indivisible border line is fixed within which the being and activity of each individual obtain a secure and free sphere is the law." | ||
| + | *Law is the "science of liberty". | ||
| + | *The difference between commands and laws: as we move from commands to laws, the source of the decision on what action is to be taken shifts progressively from the issuer of the command or law to the acting person. | ||
| + | **The ideal law provides merely additional information to be taken into account in the decision of the actor. | ||
| + | *Compared with the laws of a society based on individual freedom, the rules of conduct of a primitive society are concrete. They not only limit the range within which the individual can shape his own action, they prescribe specifically how he must proceed to achieve particular results, or what he must do at particular times and places. | ||
| + | **Muslim societies. Or any religion based societies. Early American colonies had some such rules. | ||
| + | *The conception of freedom under the law of chief concern to us rests o nthe contention that when we obey laws, in the sense of general abstract rules laid down irrespective of their application to us, we are not subject to another man's will and are therefore free. | ||
| + | **Law must apply equally to all. Laws must be general rules that apply equally to everybody. | ||
| + | **A true law must not name any particulars, nor should especially single out any specific persons or group of persons. | ||
| + | ***This requirement of generality does not mean that special rules can not apply to different classes of people if they refer to properties that only some people possess. (Only a woman can be raped in the classic sense.) | ||
| + | :::Such distinctions will not be arbitrary as long as they are equally recognized as justified by the people both inside and outside the classification. | ||
| + | :::When it is favored only by those inside the group - it is privilege. When favored only by those outside - it is discrimination. | ||
| + | *Even with these restrictions, it is possible to have general, abstract rules that apply to everyone that are also restrictive of liberty. But such a thing is unlikely. The chief safeguard is that the rules must apply to those who make them and to those who apply them - to the government as well as the governed - <u>and that nobody has the power to grant exceptions</u>. | ||
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<br> | <br> | ||
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{{Citations}} | {{Citations}} | ||
Revision as of 14:47, 2 August 2014
2014/08/02 User:Jeff
Rule of Law notes
Ch10
Points to make:
- "The rule whereby the indivisible border line is fixed within which the being and activity of each individual obtain a secure and free sphere is the law."
- Law is the "science of liberty".
- The difference between commands and laws: as we move from commands to laws, the source of the decision on what action is to be taken shifts progressively from the issuer of the command or law to the acting person.
- The ideal law provides merely additional information to be taken into account in the decision of the actor.
- Compared with the laws of a society based on individual freedom, the rules of conduct of a primitive society are concrete. They not only limit the range within which the individual can shape his own action, they prescribe specifically how he must proceed to achieve particular results, or what he must do at particular times and places.
- Muslim societies. Or any religion based societies. Early American colonies had some such rules.
- The conception of freedom under the law of chief concern to us rests o nthe contention that when we obey laws, in the sense of general abstract rules laid down irrespective of their application to us, we are not subject to another man's will and are therefore free.
- Law must apply equally to all. Laws must be general rules that apply equally to everybody.
- A true law must not name any particulars, nor should especially single out any specific persons or group of persons.
- This requirement of generality does not mean that special rules can not apply to different classes of people if they refer to properties that only some people possess. (Only a woman can be raped in the classic sense.)
- Such distinctions will not be arbitrary as long as they are equally recognized as justified by the people both inside and outside the classification.
- When it is favored only by those inside the group - it is privilege. When favored only by those outside - it is discrimination.
- Even with these restrictions, it is possible to have general, abstract rules that apply to everyone that are also restrictive of liberty. But such a thing is unlikely. The chief safeguard is that the rules must apply to those who make them and to those who apply them - to the government as well as the governed - and that nobody has the power to grant exceptions.
