The Nature of Law


Law is a set of rules that govern human behavior and are enforceable by governmental and social institutions. The precise nature of law has been a source of long-standing debate. Some think of it as a science, while others view it as the art of justice. Regardless of how law is defined, it is generally understood to be a body of rules that governs the conduct of individuals.

Principles of the inner morality of law

Fuller’s eight principles of the inner morality of law became an important contribution to legal philosophy and the theory of the rule of law. He also ignited a debate over legal positivism and natural law. Recently, there has been a revival of interest in Fuller’s work. However, it is still unclear whether Fuller’s principles are moral.

The overlap thesis holds that morality and law overlap. However, this overlap thesis is not absolute. Rather, it holds that morality is an important, but not sufficient, part of law.

Characteristics of the Rule of Law

The Rule of Law is a political ideal that encompasses procedural and substantive principles. These principles determine how the community is governed and how norms are administered. They also specify the institutions required to administer those norms. While the procedural and substantive ideals may not always be in alignment with each other, they are related and contribute to the quality of political life.

The Rule of Law requires impartial, independent, and competent representatives to deliver justice. They also need access to adequate resources and must reflect the composition of the communities they serve. Several international standards have been established to define the principles of the Rule of Law. These principles were tested and developed in consultation with a wide range of experts around the world.

Functions of law

Laws are important to the functioning of any society. They provide the basic freedoms of life, property, association, and free eduction. They also ensure minimum standards of living. These are the basic functions of law in every society and are necessary for its growth and development. But how does law function? This article will explore the different functions of law.

As Roscoe Pond points out, the main function of law is to ensure that the social order is maintained. It is also used to resolve conflicts. In addition, it protects the rights of individuals by providing them with equal opportunity and protecting them from discrimination.

Sources of legal concepts

Sources of legal concepts include statutes, regulations, customs, and jurisprudence. Most of the legal concepts we recognize today have their origins in the ancient past, as customs or religious beliefs often influenced legal doctrine. Examples of early unwritten sources of law include the divine right of kings, human and legal rights, and canon and religious law. This article will discuss these sources of law and their characteristics.

One of the most common sources of law is precedent, which is a general rule that a community or society follows over time. Though not written, a precedent is often an important source of law and can be applied by a judge in the future.

Evolution of the Rule of Law

The evolution of the rule of law is one of the most important themes in modern political philosophy. It is important to acknowledge the limitations of rule of law as a concept, as it is not universally applicable and is prone to invidious discrimination. However, the need for general laws should not be mistaken for justice; justice is separate from the Rule of Law.

Hayek (1973) disdained legislation, arguing that it represents the rule of powerful officials. The process of legislation produces law and is entirely subject to the will of the powerful.