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Single Idea 19891

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

Full Idea

Men saw that to live by one man's will became the cause of all men's misery. This contrained them to come unto laws wherein all men might see their duty beforehand, and know the penalties of transgressing them.

Gist of Idea

Rule of law is superior to autonomy, because citizens can see what is expected

Source

Richard Hooker (Of the Laws of Ecclesiastical Polity [1593], I s.10), quoted by John Locke - Second Treatise of Government 111 n1

Book Ref

Locke,John: 'Two Treatises of Government' [Everyman 1988], p.173


A Reaction

One British school has a single rule, that pupils 'shall always treat other people with respect'. Presumably the rulers, as well as the pupils, must decide when this is transgressed. The rule of law may be preferable.


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]
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 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]
The rule of law mainly benefits those with property and liberties [Charvet]