The Rule of Law, Common Law, and the Art of Justice in Law
The rule of law and the common law are two important topics to understand when determining the proper administration of justice. We will also discuss positive law versus Common law, and the Art of Justice. These are all concepts that have a profound effect on the administration of justice. While these concepts differ slightly, they all have important applications for society.
Rule of Law
The term ‘Rule of law’ is a legal doctrine that legitimizes a government by establishing clear, binding rules and precedents that protect and promote the rights and liberties of individuals. The idea of the rule of law also serves to ensure that people are held to the same standards regardless of their status. Historically, rules of law varied widely by social classification: men often had more rights than women, slaves had different legal rights than free individuals, and indentured servants were a different class than free citizens. By holding everyone to the same standard, a government can establish a fair and just system.
Common law
The term common law has several connotations. In the legal community, common law is used to describe a collection of laws and cases that apply to a given situation. It also has a variety of connotations in everyday speech. The development of the common law is dependent on the publication and indexing of decisions, which are published by government agencies and private publishers. Each common law decision is a precedent and is often cited by other courts and governments.
Art of justice
The Art of Justice in Law examines how art depicts the ‘call for justice’ in a variety of contexts, from the Middle Ages to the present. Though calls for justice have traditionally had positive connotations, throughout history they have also been a source of annoyance. This tension is ideally dealt with by art, which can both provoke and affirm. Art has long been a powerful tool in our attempts to change the way we understand law and justice.
Science of law
Science of law is the process of developing knowledge that can serve as a basis for legal decisions and laws. It is a system of knowledge built on the accumulation of knowledge, analytical acuity, lines of thought, and cognitive debate of opinions. This form of knowledge is organized according to theoretical traditions. The problem arises when law and science start mixing. The resulting paradox of the two philosophies makes it difficult to restore the myth of legal truth.
Power of law-makers
The power of law-makers is a central issue in political science. Politicians seek to maintain power by creating and enforcing laws. In states where the power of the voters to legislate is limited, a political system called institutionalization is used. In these states, citizens have the right to initiate change, but there are few guarantees that those changes will be implemented.
Norms of justice
The Norms of Justice in Law can be considered as an overarching set of principles or rules that a country follows when deciding upon legal matters. It is a set of rules that is generally enforced by the courts and is derived from the Constitution. Various scholars and legal scholars have defined these norms differently.
Ethics of law
Law is a system of rules and regulations created by government. It is universally accepted and recognized, and is meant to protect the public and maintain social order. It is made after considering moral values and ethical principles.