Humans and the Rule of Law
Hello friends, it is another day for the aprilinleo prompt which I would really encourage you to subscribe to if you have not done so as you would love the topics slated for write ups.
I have a particular interest in the theme of today because I have always loved the concept of law. During my last year of philosophy I had written on the concept of the rule of law but particularly according to the idea of the great Jurist Albert V. Dicey.
Law in the general sense is described as the set of rules made by man to guide the operation of a group of people. By implication, it is synonymous with words such as rules and regulations, precepts, ordinances, etc.
In any well organized society exists a law which guide the flows of events. In the absence of this law, there is bound to be anarchy which means a state of lawlessness. In this state of anarchy, people tend to act according to how it pleases them and by that lives are in danger as the weak will be trampled by the strong thus making life a misery for some and a delight for others.
There are several kinds of laws depending on the sector of life concerned. But then there is one concept which is fundamental for every other and for which every law should be coherent with. It is called the Natural Law. It is the law of life fundamental for an authentic human existence. The natural law is not made by man but the very essence of man. Let's say that the natural law is written in the heart of man.
The naturally law hinges on the concept of love. It involve every form of comportment according to love. It is the rule to act in a way that is beneficial to the you and the other person, acting for the common good and by this eliminates any form of comportment that is centered on the self. A critical look at this, you will see why I said that every other kind of law draw their validity and rationality from the natural law. Thus, the natural law remain the principle for all others such as the state law, business law, educational law, social law, administrative law, community law, and so on and so forth.
The idea of Community Decision
Having laid the background above, let us examine the concept of Community decision. In the technical sense it would be regarded as the community law. That is, the set of rules which guide the mode of operation of a given Community. These definitely are man made rules and can be good or bad depending on the quality of persons entrusted with the task of making the rules.
Some communities are lucky to have wise and noble leaders who make good and rational laws which help the growth of the community. For the local communities there are the council of chiefs or leaders who meet from time to time to discuss issues regarding the community. Laws come up from time to time most times following the events that take place over time. For example, in the event of constant theft, there may come up a law that whoever is caught stealing would be sanctioned by being locked up for a period of time.
With this method, evil is curbed and people are made to live fine. But the problem with this is when such laws as this are made to be too rigid such that it affects later developments. Thus, I am of the opinion that no law should be made with total rigidity but with the possibility of a change as times change.
On the other hand, some communities are very unfortunate to have leaders who are of selfish interests and make laws which favor them instead of the general public. A good example is my country Nigeria where leaders who do not have the interest of the state at heart take over power and make laws that affect the majority of the populace for their own interest. On this, I would prefer that the whole people of the community be involved on making laws and by so doing make laws favorable for everyone.
Finally, communities are organized in such a way that there are different organs for carrying out different functions. Thus, there is an organ that make laws and there is an organ for executing laws. I am of the opinion that these organs be made independent to avoid compromise.
Above all, let every law be made for love of the human life. That is, let the protection of life be at the heart of every law and not just personal lives but for the general good. And I would advice the principles by Albert Dicey to be applied to laws and that is that everyone be made subject to the law and as such make for equality before the law.
I am sorry I wrote too much hehe, I wanted to make it short but I just love this theme and couldn't hold myself and believe me, this is the shortest I could make for this prompt, hehe. Thanks for reading through.
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Communities should actively participate in the creation of their laws. I agree with this and also with what you mention about natural law, that of the heart and the love that must always be present. This is the most powerful force in the entire Universe and the most just law.
#dreemerforlife
the only challeng with community involving in making the law is the time taking and the difficulty in coming to a consensus
Some people create laws and forget about the lives of humans as if we aren't worth protecting. When it comes to law, people are selfish and only look after their own desires. Lives should be considered when carrying out laws.
#dreemport
yea, thats why for Thomas Aquinas, for a law to qualify as a good law, it has to be rational and beneficial for the good of the general public
Exactly. That's how it is supposed to be.
This is the major challenge mitigating against the smooth running of our judicial system. Making laws to guide the people is very important to address some people's excesses. However, some people are so powerful that they are above the law. The law is rather subject to them rather than the other way round. I hope that the system will continue to be improved upon to address these grey areas.
#dreemerforlife
the structure of our government is just corrupt that it would be difficult to improve things
You are right. We need total reorientation for the peak of governance to the grassroots.
Things will be better if everyone in a community can be involved in making laws, since most people who lead just make laws that favours them without thinking on the effect it will have on the people they're leading.
#dreemerforlife
Thats truey friend
Thanks for reading through
You just captured virtually every aspect of community and local laws. It is we, humans that make the law and we also break it. A society without laws is bound to be threat to its citizens and where the leaders make laws that favor themselves will not bring growth and progress in such a society. Nobody should be above the law.
#dreemerforlife
You gat it right there
Tanchiu for reading through