Talk:Rule of Law

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The present article states that the rule of law has its roots in the 10 Commandments, can someone point out exactly which Commandment led to the concept of the rule of law. Also, it states that the rule of law is a conservative view, perhaps someone could add some examples of liberals breaching the concept of the rule of law in order to support this statement. TheGuy 03:33, 16 January 2008 (EST)

Edit war

I agree that there needs to be some sort of citation or explanation on the claim that the Ten Commandments were the start of rule of law. HelpJazz 17:17, 27 January 2008 (EST)

Could we draft what would be useful text? Like, "..., since the idea of codified laws based on objective morality is fundamental to the rule of law."?-MexMax 17:19, 27 January 2008 (EST)
The TCs and the other Levitical commandments are the first monotheistic code of law meant to apply to all fairly. It is a reasonable assertion. Other ancient codes, such as Hamurabai, are incomplete and did not have the moral power to survive the millenia.RobertK 17:22, 27 January 2008 (EST)
Yes, that's exactly right. And the Ten Commandments are a reminder that the law of God, and the law of man, ought to have some nexus, rather than a complete disconnect.-MexMax 17:23, 27 January 2008 (EST)
Thanks for improving, but I don't see the logical connection between the rule of law and Ten Commandments. Maybe I'm just being dense today. It happens every now and then, and more often than I'd like :) HelpJazz 17:39, 27 January 2008 (EST)
Maybe the misunderstanding is mine. I think of rule of law as being the moral legal code that binds our behavior. For thousands of years this has been teh TCs adn the laws derived from them.RobertK 17:41, 27 January 2008 (EST)
Hrm time to get out some text books. I always thought the rule of law was more literal -- the fact that the law "rules", or it is enforcible and applies to everyone. In this case it would have no moral pretext (in a way, anyway). I'll look it up and see what the political scientists say about it. HelpJazz 17:44, 27 January 2008 (EST)
Ok, I'm pretty sure a good definition would be in my American Politics book, but unfortunately that is the only PoliSci text I left at home. I found a definition in a "dictionary of theories" (which I forgot I had incidentally): "People are governed by law rather than capricously or arbitrarily, when all people including government and its officials are equally subject to law and when peple are bunishable only for an established breach of law." HelpJazz 18:00, 27 January 2008 (EST)

You're Confusing the "Rule of Law" With "Rule Through Law"

The rule of law is the concept that nobody is above the law (i.e. the law should be enforced against everyone) and that the law is to be applied equally to all (i.e. if two people commit the same crime under the same circumstances they should receive the same punishment, regardless of who they know).

The rule of law has very little to do with an extensive moral code or the responsibility of the individual to society, in fact it is very much the opposite (it is a very limited concept and it emphasises the responsibility of society towards the individual).

The Ten Commandments are an example of ruling through law, that is using a codified set of rules to govern behaviour in order to maintain society. While this is notable it is different to the rule of law which is discussed in this passage. Unless there is a Commandment which specifically states that the law shall not be applied arbitrarily then I don't see how we say they began the concept of the rule of law. TheGuy 18:07, 27 January 2008 (EST)

Thanks for explaining that, Guy. HelpJazz 19:09, 27 January 2008 (EST)