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Single Idea 22554

[filed under theme 25. Social Practice / D. Justice / 2. The Law / b. Rule of law ]

Full Idea

It is said that laws speak only of the universal, and do not prescribe with a view to particular circumstances, so that it is foolish to rule in any craft in accord with what is written down.

Gist of Idea

It is said that we should not stick strictly to written law, as it is too vague

Source

Aristotle (Politics [c.332 BCE], 1286a10)

Book Ref

Aristotle: 'Politics', ed/tr. Reeve,C.D.C. [Hackett 2017], p.76


A Reaction

To say we shouldn't follow laws because they are all vague would be crazy. A vague border is still a border. Laws need interpretation, and judgement of appropriate application.

Related Idea

Idea 20932 Positive law needs secondary 'rules of recognition' for their correct application [Hart,HLA, by Zimmermann,J]


The 12 ideas with the same theme [the law has ultimate authority in the state]:

Magna Carta forbids prison without trial, and insists on neutral and correct process [-, by Charvet]
The people should fight for the law as if for their city-wall [Heraclitus]
The 'Eumenides' of Aeschylus shows blood feuds replaced by law [Aeschylus, by Grayling]
Correct law should be in control, with rulers only deciding uncertain issues [Aristotle]
It is said that we should not stick strictly to written law, as it is too vague [Aristotle]
It is preferable that law should rule rather than any single citizen [Aristotle]
Rule of law is superior to autonomy, because citizens can see what is expected [Hooker,R]
The rule of law is mainly to restrict governments [Charvet]
The 1689 Bill of Rights denied the monarch new courts, or the right to sit as judge [Charvet]
From 1701 only parliament could remove judges, whose decisions could not be discussed [Charvet]
Justice superior to the rule of law is claimed on behalf of the workers, or the will of the nation [Charvet]
The rule of law mainly benefits those with property and liberties [Charvet]