Understanding the Rule of Law in Law School
If you are considering a career in law, there are many benefits to attending law school. The program will help you build your professional network, both from fellow classmates and professors. You’ll also have a variety of opportunities to discuss career goals. Law school campus life is different from that of an undergrad, so it’s important to know what to expect.
Principles of the Rule of Law
There are several fundamental principles that characterize the Rule of Law. One of these is the concept that no one person has a superior right. Another is that all persons, no matter their station in life, are subject to the law. These are important principles to understand when discussing the Rule of Law.
In simple terms, the Rule of Law is a political philosophy in which individuals are subject to the law. This stands in contrast to tyranny and oligarchy. The principles of the Rule of Law were first put into action in 1215 when Archbishop Stephen Langton rallied the Barons of England and forced King John to live under the rule of law. This resulted in the Magna Carta, which preserved ancient liberties while requiring taxes. It also laid the groundwork for the United States Constitution.
Another principle of the Rule of Law is the accessibility and intelligibility of law. Many parts of modern law are extremely technical and difficult to understand, which makes it necessary for laypersons to seek professional advice. This requires a competent legal profession and legal language that is easily accessible.
Formal principles of law are normative rules or standards in law. The rules are designed to govern law and serve as efficacy conditions in determining the outcome of cases. As such, they are not moral ideals. These principles are enacted by legislatures or other authorities, and have the authority of law.
These principles are based on the rule of law theory. According to the theory, the rule of law is a set of principles that guide behavior and is necessary for social order. According to Fuller, law is morally desirable and promotes order and respect for individual autonomy. Moreover, a system of rules can never achieve morally valuable goals if it does not at least meet the minimum standards of legality.
The command theory of law is vulnerable to many criticisms, including the fact that there is no identifiable sovereign in a democracy. In a democracy, people elect representatives who represent their interests. While the legislators are given some power to coerce behavior, they are still considered to be servants of the people. While it is true that the people hold ultimate political authority, it does not follow that they have the power to enforce it.
Substantive values in law are the principles that guide the application of law in society. These are not procedural rules, but rather important social values that a good jurist is unlikely to ignore in examining a case. For example, substantive equality advocates are concerned with ensuring that minorities and women are treated equally in society. They also advocate affirmative action.
To achieve this, substantive accounts have been developed that connect the Rule of Law with other ideals of liberty. The Rule of Law is an ideal that is not separate from freedom, equality, stability, publicity, and clarity. These values have been integrated into the rule of law to create a better society for all.