When we talk about Law, we refer to a variety of concepts. Rule of law, legality, access to law for ordinary people, and schools of jurisprudence are just a few. These concepts are vital to understanding the field of Law. Let’s examine each of these terms in more detail. There are many other facets of Law, too, but these are the main ones. Hopefully, these definitions will help you better understand this complex area of study.
Rule of Law
The concept of the rule of law has its origins in ancient Greece. However, it has only become a popular concept in the last twenty-five years. Former U.S. Supreme Court Justice Anthony M. Kennedy has said that he does not remember hearing the term rule of law during his law school days, which was in the 1950s. Nonetheless, this does not mean that the concept has not evolved.
Rule of law has a number of facets, but in general it is a system of procedural rules that ensure fairness and equality. It requires that the supreme law of a country is promulgated, equally enforced, and adjudicated by an independent judiciary. Furthermore, it requires that laws are drafted in a way that is understandable to ordinary citizens.
Schools of jurisprudence
Different schools of law focus on different aspects of the law. Sociological school of jurisprudence, for example, looks at law as a social phenomenon and a product of society. It emphasizes the utilitarian nature of law and the importance of social organisation.
Throughout history, different schools of law have influenced the field of law. Some schools focus on morality, while others are more scientific or mathematical. While all three are important aspects of legal study, no one school can be considered as the complete sum. Nevertheless, they all have a common purpose: to provide a comprehensive understanding of the basic principles of law.
The Legality of Law is the concept that governs how people relate to and understand the world around them. It can also be used to explain how the state comes to make decisions. The concept is both real and abstract, but it is often best understood in the context of political systems. The legal concept can be seen as an extension of the concept of citizenship.
The legal concept has many antecedents, including the social ties that bind social groups. Thus, it is socially mediated, and legitimacy is not reducible to the logical coordinates of a social group.
Accessibility of law to ordinary people
Accessibility of law to ordinary people is critical in a free society. People who cannot read or understand legal language are at a disadvantage when seeking justice. Moreover, most people are not in a position to defend themselves and their rights. Therefore, the Rule of Law requires that the law be accessible to ordinary people.
In England and Wales, one in seven people has experienced a legal problem in the past 10 years. Among these, only half are confident they can identify their issue, and despite the availability of online resources, few individuals seek professional help. Instead, they turn to family and friends or Google for advice. However, seven out of ten people say the cost of legal advice is a barrier to getting legal support.
Relationship between rule of law and morality
Hart argues that the rule of law and morality are intimately related. He argues that all legal norms are based on moral values, so no law can be valid if it doesn’t pass the morality test. Morality refers to the ethical ideas that people have about how society should run. Fuller categorizes morality into two aspects: morality of aspiration and morality of duty.
One case that discusses this relationship is the R v. Dudley and Stephens (1884). The case involved four men stranded on a boat in the middle of the ocean with no way to communicate with anyone or get food. One of the men, the captain Thomas Dudley, had an immoral idea: he had to kill the men for food.