Does the Law Rule the World?

The Accessibility of Law

Let’s look at the components that make the rule of law, or in other words, some of the principles that can make up the rule of law. It is, I agree with the author, best explained through some hypothetical situations.

‘The law must be accessible and so far as possible intelligible, clear and predictable.’

1. In general, if a citizen knows or can easily find out what it is they should or should not do to avoid complications with the law, they are more likely to abide by the law. You may think crime is obvious, like robbing a bank. So why would we need to be able to access and understand the law ? Because not all crimes are this obvious. You might accidentally do your tax report in a manner that is illegal ( a problem commonly associated with the US) or simply be unaware of an obscure law that is not something your regular citizen knows.

‘...important function of the criminal law is

to discourage criminal behaviour, and we cannot be discouraged if we do not know, and cannot reasonably easily discover, what it is we should not do.’ (pg.38)

2. Similarly, if the citizen is to claim their lawful rights and fulfil their responsibilities, they must know what those rights and responsibilities are or be able to find out reasonably easily.

3. Law also plays a crucial role in business transactions. People who start businesses and make deals cannot simply rely on the good will, conscience and heart of other business owners or customers. Here is where law comes into play, setting limits and rules for all businesses to abide by and to create a fair economic environment. Whether that is actually what happens is a matter of constant discussion. It does, however, seem to create a prosperous economic environment. The connection of the rule of law not only to law and politics but to economics too has been pointed out by many.

Not all are in complete agreement of this sentiment though:

‘...some dispute among economists about the strength of the connection between the rule of law and economic growth, drawing attention to China as an exception,...’

* Please note that at no point in this blog am I providing legal advice or claiming to be a professional. These blogs are for entertainment and educational purposes only.*

*All excerpts are taken from Tomas Henry Bingham (2011). The rule of law. London: Penguin Books.*