Sunday, March 27, 2011

Origins of The Rule of Law

I found this weeks reading pretty engaging. Chapter #11 overall was quite informative and the development of the rule of law was of most interest to me. I thought Hayek did a really good job of making his point and showing the development of the rule of law system.

It is first noted that this system has its roots in antiquity, primarily with Athens and republican Rome. The idea for the formation of laws that applied to all citizens was a very important idea. However, I thought that equally important to note was the distinction between the laws being given consent by the people and then having them be held up as the "laws of the land" than people which govern the laws. If there is not a set of rules that cannot be tampered with then of what use are laws anyways?

It is sort of the "rules of the game" for liberty and government conduct that need to be clearly established and upheld. And if they are not, then who is to say what those in power might alter to receive a momentary benefit or personal gains? Basically anything is up for grabs in a system such as that and the people are bound to pay for it in sooner or later.

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