Whether you’re a student, a lawyer, or a citizen, you’ll want to understand the role of law in our society. Law is an important part of life, as it provides guidance and protection to people. It also defines the rule of law.
Defining the Rule of Law
Defining the rule of law has been a recurring debate among philosophers, politicians, and everyday citizens. Some scholars argue that the rule of law should be content-free, while others believe it should contain substantive elements of laws.
The rule of law is a fundamental concept. Its central meaning is that all members of a society are subject to law, regardless of their station. Laws are fair and stable, and they protect the rights of individuals. They are enforced by an independent judiciary.
Formal
Historically, formal law refers to the rules established by an institutionalized institution such as a court. This includes statutes, judicial precedents and other rules.
On the other hand, informal law refers to unwritten norms and practices within the legal system. It includes such topics as judicial precedents, plea negotiations and plea bargains. It is also a component of a larger concept of social control.
Formal law is a philosophy of law based on the rule of law. This includes the idea that every citizen is subject to the law. The rule of law is a fundamental concept in human rights and is often used to counter the notion of tyranny.
Procedural
Basically, procedural law refers to the rules and laws that determine how a court should operate and how a person’s rights are enforced. It is important to understand that procedural laws are different from substantive laws.
Procedural laws are made to ensure that the legal process is fair and just. They also provide an avenue for the redress of rights that have been infringed upon.
Procedural law describes the rules that govern a civil or criminal lawsuit. It includes the manner in which a case is filed, the notice of court dates and the rules for appealing a judgment. It also contains rules about presenting evidence and executing a judgment.
Relationship to private property
Having a private property system does not mean that people are free to take whatever they want. This is a common misconception, and can lead to legal disputes.
Private property is not the only system in town. It does however offer one advantage over a bureaucratic system. Rather than relying on a single group to make decisions about scarce resources, individuals are empowered to make their own decisions.
In order to achieve this, a society will have to establish and enforce rules. Without these, individuals may engage in activities such as stealing from one another and causing property damage. Hence, it is important to have a solid property and liability scheme.
Human rights component
Basically, the Human Rights Component of Law comprises positive obligations to protect individual rights. This includes protection of social, economic, cultural, and political rights. These rights are important because they ensure that all people are treated equally.
Various approaches have been developed to explain and define human rights. One of the oldest philosophies is that human rights are the product of natural law. Others, such as minimalists, believe that human rights are grounded in normative agency.