Despite the fact that there is a law on the books, it is important to know that a rule by law is not always a rule by law. In fact, the law does not always constrain a state’s actions in the face of danger.
Civil law
Typically, civil law is a system of rules governing the rights and duties of individuals and private entities. It deals with such issues as contracts, property damage, personal injury, negligence, inheritance, defamation, and medical malpractice.
Historically, civil law has influenced various jurisdictions around the world. Some of the earliest codifications were the Code of Hammurabi, written in ancient Babylon during the 18th century BC. Other influences include the Code of Justinian from 600 C.E., and the Roman-Dutch law applied in South Africa.
Common law
Among the many different kinds of legal systems, the common law is a type of legal system that focuses on the precedents set by previous court decisions. Common law systems are based on Anglo-American law, but many countries have adopted some features from one type of legal system to the other.
Common law has been a source of inspiration for new legislation. For instance, in the United Kingdom, the common law offense of “outraging public decency” has long been used to prosecute upskirting.
Rule of law
Basically, Rule of Law refers to the principle that all citizens and government officials are accountable to the same laws and procedures. This principle is an integral part of the human rights agenda. The rule of law ensures equal application, enforcement, and implementation of laws. It also ensures that no one is above the law.
The Rule of Law is a set of principles aimed at maintaining an orderly society. The concept has been traced back to ancient Greek philosophy. In the United States, it is considered a founding principle. It has become more widely discussed in the last twenty-five years.
Rule by law is not ruling by law
Several theorists have made a distinction between Rule of Law and Rule by Law. Rule by law is the use of law as a political tool, while Rule of Law is the principle that all people are subject to legally revealed laws.
The concept of Rule of Law is not without its problems. One of the most pervasive stumbling blocks is the arbitrary debasement of legality by authoritarian regimes. The formal requirement of generality does not guarantee justice, or at least that’s what some of the pragmatists claim.
Rule by law is not a constraint on state action in face of danger
Among the many values that define liberal political morality is the ideal of Rule of Law. This ideal is a part of an array of values, which include democracy, economic freedom, human rights and social justice.
Rule of Law is the principle that all people are subject to a publicly disclosed legal code. It is a way of securing values within a nation’s polity. Rule of Law also demands that people in authority exercise power within well-established public norms.