The Rule of Law

As such, the pre drop of police force has come to be identified primarily with modern all-inclusive democratic countries and the development of theories concerning the rule of police force has most notably taken place in western countries. In particular, such theories have evolved in countries which adhere to Anglo-American legal principles and institutions. (Walker, 1988, pp. 1-2).

The definition of the rule of right has not been accomplished with any great precision, largely because it is noticed more by its absence than its presence. It represents on the unmatched hand an attitude of restraint with regard to political scienceal powers. Because it is so difficult to define, it is also easy to criticize if one seeks to have a fit governmental powers. On the other hand, this difficulty also prevents it from universe reduced to a completely formal construct, and thus from existence stamped out by overt formion. (Walker, 1988, p. 3).

The definition of the rule of virtue could be framed in terms of values or institutions. Those who advocate the values approach argue that the rule of law can only have meaning if it expressly recognizes received fundamental human rights. Recognition and protection of rights must dominate the legal system in question. Furthermore, the definition of the rule of law must be considered a dynamic concept at a lower place which a citizen can find fulfillment through the wide development of his or her capacities. It must not be

Zuckert, M. P. (1994). Hobbes, Locke, and the Problem of the convention of police. In I. Shapiro (Ed.), The Rule of Law (pp. 63-79). New York: New York University Press.

Locke did not agree with Hobbes' analytic thinking of property and liberty rights. Hobbes' essentially said that these rights, which exist in the state of nature, must be given up to the independent when individuals band together. Locke, on the other hand, said that privately willed activity, primarily labor and profit seeking, holds society together by creating mutualness and wealth. Moreover, this behavior replaces religion as the cement of society. Locke also spurned Hobbes' notion that any act of public will qualifies as "law.

" Locke said that when an act of a governor goes beyond right, the act is one of tyranny rather than law. Natural rights dictate that the functions of government be separated, so that the luggage compartment which makes the laws is not the same body which executes the laws, and vice-versa. (Zuckert, 1994, pp. 73-74).

Marxists attack the idea of the rule of law as it is understood in western democratic society as promoting material inequality. It does this by creating a consciousness which "radically separates law from politics, nitty-gritty from ends, processes from outcomes." (Horowitz, 1977, p. 566). As a result of its promotion of procedural justice, it allows the "shrewd, the calculating, and the pissed" to manipulate it for their own ends. Moreover, it "ratifies and legitimates and adversarial, competitive, and atomistic conception of human relations." (Horowitz, 1977, p. 566). tout ensemble in all, the rule of law prevents the benevolent exercise of power. consort to Marxists, the rule of law is tied to the protection and ordering of the market. (Sunstein, 1995, p. 983).

Sunstein, C. R. (1995). Problems With Rules. atomic number 20 Law Review, 83, 953-1026.

Solum, L. B. (1994). Equity and the Rule of Law. In I. Shapiro (Ed.), The Rule of Law (pp. 120-147). New York: New Yo
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