Rule of Law

Sample Rule of Law Framework:

If your circuit uses a value: you can insert whatever value is most applicable to the topic or you prefer to run. Justice or governmental legitimacy work best with this criterion.

Barnett 98 [Randy E. Barnett, Patrick Hotung Professor of Constitutional Law at Georgetown University, “The Structure of Liberty: Justice and the Rule of Law”, 1998, Oxford University Press, EBOOK HERE]

Moreover, this assumption views legal precepts as distinct from and at least sometimes opposed to the requirements of justice. However, the analysis presented here offers a quite different picture of this relationship. Justice, at least in its first derivation, is extremely abstract and general. For justice to be brought to bear effectively on individual decision, specific legal precepts are needed to guide conduct. Such precepts are the necessary means by which just results or ends are to be achieved in practice, and they are also the means by which persons decide how to act justly so as to avoid a dispute that requires resolution. Most importantly, perhaps, this objection to the use of legal precepts assumes that persons deciding how to act or judges deciding how to resolve a dispute have access (independent of legal precepts) to a conception of justice that is specific enough to decide the outcomes of disputes. Where this assumption is false and a conception of justice, such as one based on natural rights, does not provide specific enough guidance, as is commonly the case, legal precepts are the inescapable means of putting the abstract requirements of justice into practice. Where this assumption holds true and abstract natural rights do recommend for or against certain conduct, legal precepts generally have no difficulty mirroring the requirements of justice. Where the just result is very clear and a legal precept violates it, this is an argument for changing or refining the precept at issue, not discarding the use of precepts altogether. Indeed, as I explained in Chapter 1, the primary function of background natural rights is, to provide a means of evaluating and reforming legal rights.

Simply put, justice is a broad and abstract subject, and for it to have any meaning it must be codified in law. These legal precepts spell out what is and is not just. Thus, in order to achieve justice, the value criterion must be consistent with the rule of law.

Additional Rule of Law Cards & Evidence:

Leave a Reply

Your email address will not be published. Required fields are marked *