I read a lot about the "Rule of Law", can somebody explain it to me?

[BamaBecky]

I'm not a lawyer. My father was, but he is deceased. I would really like to know what that phrase means. Thanks to all who answer.

[GreenArrow]

1. I think it means

that the biggest ape with the biggest club gets to make -- and enforce -- the rules.

[jimshoes]

2. Here's the wikipedia answer

The rule of law implies that government authority may only be exercised in accordance with written laws, which were adopted through an established procedure. The principle is intended to be a safeguard against arbitrary rulings in individual cases.

[TahitiNut]

9. It's more than that common understanding.

First off, the "rule of law" is the opposite of the "rule of man" (i.e. a monarch or dictator).

It also (possibly even more so) relates to civil disputes. Rather than take such disputes to the local Mayor, Baron, Duke, Prince, or King (who'd declare a "winner"), such disputes are argued in a court of civil law where a jury of Common Men make decisions based on law.

The phrase "rule of law" goes all the way back to the Magna Carta and English Common Law. As such, it's the most successful push-back against the ages-old practice of "might makes right" that the neoconservatives love so dearly.

One of the most important elements of the "rule of law" is the common law notion of a tort ... the compensation for a harm or injury. The neoconservatives who'd weaken torts are, in effect, weakening the "rule of law" and going back to "might makes right."

Disclaimer: IANAL. YMMV. IMHO. AFAIK.

[jobendorfer]

12. I'd like to add that --

-- to me, "rule of law" as opposed to "rule of (a) man" also
implies a system that renders, generally speaking, fair
and impartial judgments.

For the system to work, it's imperative that those who
lose a case can walk away feeling that they got a fair
hearing, a chance to be heard and understood.

'Cause when the culture loses that faith, the alternative
is to start drawing swords, so to speak. That's bad.

See Aeschylus' Orestia Trilogy for an interesting rumination
on the transition from clan justice to the rule of law.

J.

[julianer]

3. It's not the

'rule of the gun' for example. So it's where differences are resolved with reference to law rather than violence.

It is used in phrases like 'establish the rule of law' in some disorder place for example.

It's not, as far as I know, an actual law or rule on the stature book.

[Warpy]

4. "Law is for the little people and for Democrats"

That's all you need to know.

[BamaBecky]

6. You made me laugh! ...n/t

[jody]

5. FindLaw source

1: an authoritative legal doctrine, principle, or precept applied to the facts of an appropriate case
Example: adopting the rule of law that is most persuasive in light of precedent, reason and policy -- Wright v. Wright, 904 P.2d 403 (1995)

2: government by law: adherence to due process of law

see http://dictionary.lp.findlaw.com/scripts/results.pl?co=dictionary.lp.findlaw.com&topic=86/868de306486995a5126814aab28b0fab

[BamaBecky]

7. Thank You!

[BamaBecky]

8. Thanks to all of you!...n/t

[Lexingtonian]

10. essentially

that (even) the most powerful interests and people must obey the law. They have a way of not liking this and behaving as if it didn't apply to them.

[zbdent]

11. Ask a Repuke what "Rule of Law" means

they were spouting it in 98 . . . unless they forgot it as of 11/7/2000 . . .

[Name removed]

13. Deleted message

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[BamaBecky]

14. My thanks again to all of you. I believe I understand it now! n/t