Law is the study of the rules that govern society. Its application affects every aspect of human life, from personal and family relations to the rules that govern court procedures. It is organized into three broad categories: civil law, criminal law, and labour law. Labour law deals with the tripartite relationship between employer and employee, including regulations for collective bargaining, the right to strike, and individual employment law, which deals with workplace rights. Criminal law, on the other hand, focuses on the rules that govern court proceedings, including the admissibility of evidence.
Principles of the Rule of Law
The rule of law is the basic premise of any constitutional democracy. It ensures that everyone is treated equally and fairly. It also protects people by providing them with a guarantee that any action will have legal consequences. Furthermore, the rule of law ensures that laws are transparent, public, and made well in advance of individual responsibility.
The Rule of Law is based on formal principles, as well as procedural principles. The former address the structure of the community, while the latter address the procedures and institutions required to implement norms. Moreover, the Rule of Law is rooted in a more substantive ideal, as it establishes a bond between citizens and authorities.
Natural law theory
Natural law theory focuses on the laws of nature that govern our actions. It argues that unnatural acts are morally acceptable as long as they are consistent with our natural drives. But how do we know when an unnatural act is morally acceptable? Let’s look at some examples to determine whether natural law theory is applicable to a certain situation.
The theory argues that human beings are endowed with natural moral standards and that these standards should be the foundation of a just society. The theory also asserts that human beings aren’t taught these norms; instead, they “discover” them by making good decisions. There are even schools of thought that believe that this law is passed on to humans through the divine presence.
Hayek’s work on the Rule of Law
Hayek’s work on the Rule Of Law focuses on the difference between a free society and a state of arbitrary government. He argues that a free society is a society where the rules that govern the nation are fixed in advance and published through official state organs. In such a society, individuals have a stable framework to plan their lives and work.
Unlike some popular conceptions, the Rule of Law imposes rules that govern the behavior of those in authority. It also makes sure that the government operates within a legal framework, and that it is held accountable through law when something goes wrong.
Hayek’s critique of Finnis’s view
Finnis argued for an internally sanctioned connection between law and morality. He rejected legal positivism and the utilitarian tradition, which argued that the rule of law is justified solely by formal principles of legal justice. Instead, he argued that the rule of law requires a substantive theory of human nature. In his view, only a rational, morally sound theory of human nature can justify the rule of law in the modern world.
Aquinas and Hayek have both rejected the legitimacy of enacting legislation to implement their views on law. Hayek and Finnis, in particular, reject legislation as a legitimate source of law.