Mar 1, 2011, 2:07 PM
The history of law is the history of civilisation, and law itself is only the blessed invention that binds human society together. It is said before civilisation there was no idea of redress beyond vengeance, or of justice beyond mere individual reprisal.
Law plays a basic and important role in keeping the peace through civil and criminal laws. It is a system or collection of "principles and regulations" established in a community by some and applicable to its people and also provide the best conditions for the society to adopt to new conditions and discover new ways to live.
A few of the most important functions and roles of laws are to peaceably settle disputes, check government power, serve the economy and society, and protect the environment.
Criminal law is the law under which the government prosecutes someone for committing a crime. It creates duties that are owed to the public as a whole.
In particular, the process consisted with this is an evolutionary growth of law guided by general principles, hence the emphasis on adjudication by courts.
The terminology "rule of law" has traditionally meant to include such notions and supremacy of the standing law over arbitrary power; eventually before the law (which applies also to government officials) and binding constitutional framework.
In a nutshell, the rule of law is a solution to a problem, and as standard liberal tradition has always recognise, the problem of autocracy.
The desire of men will not correspond to the dictates of rationalism and justice without restraint.
The fitting concept of law is that is found within a person, it is not imposed externally; in such a concept of law, there is absolutely no curtailment of that essential ingredients of life: Freedom.
It should be pointed out that the blueprint "equality before the law" is not a simple guide to policy, nor is anything like respecting private property.
The full despensation of justice is essential for any democratic society.
"Ant law which violates the indefeasible rights of man is in essence unjust and tyrannical; it is no law."