Law is a set of rules that govern behavior and are enforced by governmental and social institutions. There is a long-running debate about the precise nature of law, and it has been described as a science or an art. However, the most popular definition is that it is a system of rules that protects the rights of individuals.
Principles of the Rule of Law
The Rule of Law theory is notable for its laundry list of principles. These principles, while varying in nature, address the formal and procedural aspects of governance by law, while also embodying certain substantive values. These principles were first developed by Lon Fuller, who proposed eight principles of law, including generality, prospectivity, intelligibility, consistency, practicability, and stability.
The first principle concerns law and order. This principle says that laws must be made in a way that ordinary people can understand. It does not mean that laws must violate human rights, but they must be written in such a way that they are easily understandable by the general public.
Forms of governance by law
Forms of governance by law are political systems that require all parties in power to follow a set of rules and regulations. Some of the earliest examples of rule by law date back to the Byzantine emperor Justinian’s Code, which survived even after Justinian’s death. The Romans were also famous for codifying their laws. Napoleon codified many of his laws and implemented them across Europe during the French Empire.
Governance refers to the processes and rules that create stable social systems. This could include the government of a nation, a market, or a network. Governance is a process by which people come together to resolve a problem collectively. This process creates social norms and reinforces institutions.
Law has two main components: procedural and substantive. The substance of the law determines the principles, objectives, and rights conferred by the legislation. The procedural aspect relates to how the law is to be implemented and applied. The two components are closely related and, therefore, should be studied together. Specifically, procedural aspects of law are those that govern the process of the application of a statute. They also include the application of rules.
Substantive values of law
In a legal system, procedural justice is a central concern, but it cannot be the sole value. The harm principle is one example of a substantive value. The harm principle says that discrimination against people of African descent is wrong. But this value is not enough to ensure fairness. It may be merely a matter of form.
Similarly, the question of “what the law is” requires some conception of what it is. This conceptualization is called legal philosophy. It involves philosophical ideas and legal reasoning. In this article, I will attempt to show that this category is not merely empirical, and involves a transcendent dimension.