Understanding the Concept of Rule of Law


Law is about more than the simple story of right and wrong. It is an interdisciplinary study that aims to create deeper meanings than the simple story of justice. It also deals with the relationship between law and other social institutions. It is a great field for students who enjoy the challenge of analyzing complicated issues. In addition to providing a practical application for law students, law courses also teach important principles of legal reasoning.

Rule of law

The concept of rule of law can be traced back to ancient Greece, though the term has become much more prominent in recent decades. The concept has not been systematically formulated, and the term has been used in many ways by a variety of scholars. For example, former U.S. Supreme Court Justice Anthony M. Kennedy has said that he does not remember using the term “rule of law” while he was in law school in the 1950s. In fact, this writer was a student of law at that time.

The Rule of Law has two fundamental features. First, it makes the law comprehensible. Second, it ensures that the courts and judges are independent of the other branches of government. This separation of powers is associated with Rule of Law because it prevents the concentration of power in a society. In addition, it ensures that laws are written in a language that a layperson can understand.

Basic elements of rule of law

In addition to the formal and procedural elements of rule of law, there is a substantive dimension to the concept. For example, a society ruled by the rule of law is more likely to be stable, transparent, and predictable, and is less likely to be arbitrary and peremptory. The concept also establishes a bond of reciprocity and mutual constraint, which reduces the asymmetry of political power.

The third element of rule of law relates to the nature of legality. It is important to note that law cannot function without particular orders. As a result, the constitution expresses its antipathy towards Bills of Attainder. However, despite its antipathy to such laws, general rules are essential for the proper functioning of law.

Functions of law

Law serves many purposes. It prevents and secures undesirable behaviour, establishes rules for private arrangements, redistributes goods and services, and regulates the activities of government and its organs. Laws also help maintain society’s equity and promote accountability. These are the basic functions of law. However, the scope of law extends much further than these.

According to some philosophers, the primary function of law is to protect individual rights. Others, such as Roscoe Pond, view law as a system of principles designed to promote social order. According to these philosophers, law aims to balance the interests of the individual with the interests of the state.

Relationship between law and other social institutions

Law is a fundamental social institution that regulates and defines social relationships. It protects the rights and welfare of members of a family. In addition, it regulates the activities of trade unions, partnerships, and limited companies. It also regulates financial deals between individuals in business. Most of these agreements are governed by laws that have been passed by parliament.

The relationship between law and society is complex. Many aspects of society are shaped and influenced by law, such as historical aspects. Law also establishes and reinforces political institutions. Laws establish the hierarchy of power, and they define the roles and responsibilities of individuals within society.