| 22824 | Magna Carta forbids prison without trial, and insists on neutral and correct process [-, by Charvet] |
| Full Idea: The Magna Carta forbids the King to imprison indefinitely without trial, and also binds the King to follow due process in his courts and not allow the justice provided to be for sale. | |
| From: report of - (Magna Carta [1215]) by John Charvet - Liberalism: the basics 02 | |
| A reaction: Very exasperating for a medieval monarch. In current times British law is exceedingly slow (so long imprisonment before trial), and the necessary effective advocates cost vastly too much for all but a tiny minority. So it's going badly. |
| 422 | The people should fight for the law as if for their city-wall [Heraclitus] |
| Full Idea: The people should fight for the law as if for their city-wall. | |
| From: Heraclitus (fragments/reports [c.500 BCE], B044), quoted by Diogenes Laertius - Lives of Eminent Philosophers 09.2 | |
| A reaction: This may be the first recorded assertion of the rule of law, and hence of the separation of powers. We still have plenty of people who reject this principle. |
| 7810 | The 'Eumenides' of Aeschylus shows blood feuds replaced by law [Aeschylus, by Grayling] |
| Full Idea: The 'Eumenides' of Aeschylus tells how the old rule of revenge and blood feud was replaced by a due process of law before a civil jury. | |
| From: report of Aeschylus (The Eumenides [c.458 BCE]) by A.C. Grayling - What is Good? Ch.2 | |
| A reaction: Compare Idea 1659, where this revolution is attributed to Protagoras (a little later than Aeschylus). I take the rule of law and of society to be above all the rule of reason, because the aim is calm objectivity instead of emotion. |
| 22551 | Correct law should be in control, with rulers only deciding uncertain issues [Aristotle] |
| Full Idea: The laws, when correctly laid down, should be in control, and the ruler, whether one or many, should have control only of those matters on which the laws cannot pronounce with exactness. | |
| From: Aristotle (Politics [c.332 BCE], 1282b01) | |
| A reaction: It is obvious that general laws cannot cover each individual cases. Aristotle doesn't yet have the concept of an independent judiciary to handle this problem, so this is not true separation of powers. |
| 22554 | It is said that we should not stick strictly to written law, as it is too vague [Aristotle] |
| 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. | |
| From: Aristotle (Politics [c.332 BCE], 1286a10) | |
| 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. |
| 2827 | It is preferable that law should rule rather than any single citizen [Aristotle] |
| Full Idea: It is preferable that law should rule rather than any single citizen. | |
| From: Aristotle (Politics [c.332 BCE], 1287a19) | |
| A reaction: This assumes that the law is sensible. An exception would be when a wise ruler takes over a very corrupted state, which has passed evil laws. Nelson Mandela. |
| 19891 | Rule of law is superior to autonomy, because citizens can see what is expected [Hooker,R] |
| 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. | |
| From: Richard Hooker (Of the Laws of Ecclesiastical Polity [1593], I s.10), quoted by John Locke - Second Treatise of Government 111 n1 | |
| 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. |
| 22827 | Justice superior to the rule of law is claimed on behalf of the workers, or the will of the nation [Charvet] |
| Full Idea: Communist leaders justify themselves as the embodiment of the people's will as workers, and fascist leaders as expressing the will of the nation. Both believe their policies contain a superior justice on this basis. | |
| From: John Charvet (Liberalism: the basics [2019], 02) | |
| A reaction: [compressed] A neat summary of why the rule of law might be rejected (other than by simple tyrrany justified only by force). In modern democracies recent right-wing governments have pushed back the law and attacked justice on this basis. |
| 22823 | The rule of law is mainly to restrict governments [Charvet] |
| Full Idea: The rule of law is directed at the restriction of the power of governments as much, if not more, then the power of private individuals. | |
| From: John Charvet (Liberalism: the basics [2019], 02) | |
| A reaction: The more powerful you are the more restricting is the rule of law. Every government is tempted to change the law to expand its powers. The UK government has just legislated to restrict public demonstrations. Law is the people's weapon against autocrats. |
| 22825 | The 1689 Bill of Rights denied the monarch new courts, or the right to sit as judge [Charvet] |
| Full Idea: The 1689 Bill of Rights said the monarch could not create new courts of law, or act as a judge at law. | |
| From: John Charvet (Liberalism: the basics [2019], 02) | |
| A reaction: The background was the abolition of the court of Star Chamber in 1641, which had been secret, severe, and controlled by the monarch. Is it possible to create a new type of court, or are we stuck with the current ones? |
| 22826 | From 1701 only parliament could remove judges, whose decisions could not be discussed [Charvet] |
| Full Idea: In 1701 UK judges were given secure tenure, being removable only by parliament which at the same time undertook to follow a convention not to discuss particular judicial decisions. | |
| From: John Charvet (Liberalism: the basics [2019], 02) | |
| A reaction: In recent years the UK Daily Mail published the pictures of three judges, and labelled them 'traitors' because of their verdict about leaving the European Union. |
| 22828 | The rule of law mainly benefits those with property and liberties [Charvet] |
| Full Idea: A rule of law regime will primarily benefit those possessing property and liberty rights. | |
| From: John Charvet (Liberalism: the basics [2019], 02) | |
| A reaction: Important. It's no good fighting for the law if the law doesn't protect what you have got, or if you have got nothing to protect. Important steps must precede assertion of the rule of law. |