Law can describe a legal career or field. Law is an undeniable fact of our world, yet it does not explain why some things happen. In this article we will discuss some of the most basic principles of legality, the functions of the law, and the value of the Rule of Law. We will also consider some of the most common misconceptions about law.
Principles of the inner morality of law
Principles of the inner morality of law are an important contribution to rule of law theory and legal philosophy. They have also precipitated an important debate between legal positivism and natural law. Recently, Fuller’s thought has attracted renewed interest, and it is well worth revisiting.
Fuller’s work outlines eight principles of legality. These principles are linked to a crucial dignitarian principle: paying attention to the point of view of a human individual. In this way, the laws that govern human behavior honor that point of view.
Principles of legality
The concept of legality has been around for some time. It is a basic principle of international law. While most states have a constitution that explicitly states their principle of legality, some do not. In those states that do have a constitution, the principle of legality is incorporated in the law through statutes and treaties. The status of the principle of legality in international law was a mixed bag at the end of World War II. Some countries had explicit provisions on the issue, but others had none.
The principle of legality protects against departures from equality before the law. For example, in A V Dicey, the court held that a public official is liable for any act that is not legal. In Puntoriero v Water Administration Ministerial Corporation, a plaintiff sued a statutory authority that released polluted water into an irrigation scheme, causing damage to farmers. The defendant’s lawyer argued that the statutory authority had immunity from civil liability, but the High Court construed immunity to be more narrow.
Functions of law
Law is a powerful tool for social and economic stability, and there are many different functions of the law. Primary among these functions is prevention of undesirable behaviour. Secondary functions include establishing procedures for judicial proceedings and the implementation of laws by competent bodies. Third, law is used to ensure the protection of property and public rights.
It also regulates the relationships between members of society and ensures that they are not destructive. This includes contract law, which governs the rights and behavior of parties to a contract. Moreover, common-law serves a collective purpose for the society. For instance, laws prevent the control of essential resources by wealthy individuals.
Value of the Rule of Law
The value of the rule of law is an important part of a liberal society. Nevertheless, if the Rule of Law is overemphasized, it may promote a fearful mentality and close off the faculty of independent moral judgment. This can make people distrustful of individual judgment and anxious in uncertain times.
In order to protect citizens and their rights, governments need good laws, institutions, and processes. These ensure respect for human rights and the environment, and help reduce instances of violent conflict. Good laws also make it easier for responsible businesses to operate and adhere to their legal obligations and rights. Therefore, a strong Rule of Law is crucial to a country’s sustainability and growth.