我有一根刺 on Nostr: Rule of law In the array of words with noble meanings, I actually place more emphasis ...
Rule of law
In the array of words with noble meanings, I actually place more emphasis on the significance of "rule of law." While the general pursuit among the Chinese community leans towards "democracy" and "freedom," my focus is more on "rule of law." What is rule of law? To understand and discuss a concept, it's essential first to define that term. Only when there is a universally accepted definition can discussions and debates potentially reach a consensus. Otherwise, where everyone has their own interpretation. This was something I learned while reading Plato’s works.
The rule of law is a political and legal ideal that all people and institutions within a country, state, or community are accountable to the same laws, including lawmakers, government officials, and judges. It is sometimes stated simply as "no one is above the law" or "all are equal above the law". According to Encyclopædia Britannica, it is defined as "the mechanism, process, institution, practice, or norm that supports the equality of all citizens before the law, secures a nonarbitrary form of government, and more generally prevents the arbitrary use of power."
Use of the phrase can be traced to 16th-century Britain. In the following century, Scottish theologian Samuel Rutherford employed it in arguing against the divine right of kings. John Locke wrote that freedom in society means being subject only to laws written by a legislature that apply to everyone, with a person being otherwise free from both governmental and private restrictions of liberty. The phrase "rule of law" was further popularized in the 19th century by British jurist A. V. Dicey. However, the principle, if not the phrase itself, was recognized by ancient thinkers. Aristotle wrote: "It is more proper that law should govern than any one of the citizens."
The term rule of law is closely related to constitutionalism as well as Rechtsstaat. It refers to a political situation, not to any specific legal rule.Distinct is the rule of man, where one person or group of persons rule arbitrarily. [WIKIPEDIA]
The term often confused is "rule by law." It emphasizes governance through law and abidance by the law, aiming to perfect legal provisions. Take China as an example, where the common people frequently lament. Some things are too chaotic; the government should strengthen management... but there aren't any laws about it? Don’t worry, new legal regulations will soon be issued. These laws can govern everything from heaven above to earth below, including all actions of ordinary people in between. During Mao Zedong's 30-year rule, only a marriage law was established for appearances. Today, a vast array of various regulations emerge each year that dazzle you. Regardless of whether they are reasonable or not, this is what they claim to be a “country ruled by law.”
The "rule of law" discussed here focuses on restraining power as a key mechanism for social management, mode of social activity, and state of social order. "Rule of law" is closely related to constitutionalism; its essence requires not just that all citizens obey the laws but more importantly emphasizes control over and constraints on governmental power by the laws. The type of laws mentioned here should ideally be common law or natural law rather than statutory or enacted legislation.
The importance and nobility of the rule of law lie in its source. Only laws created by God can embody this holiness. There is a classic statement that says: "Laws are discovered, not made." In common law systems, there are rarely large volumes of man-made statutes; instead, more judicial precedents derive from common sense, basic habits of life, and similar past cases. Therefore, the debates between prosecution and defense in court are particularly important. Common law advocates that laws originate from the Creator's design; humanity can only discover them through continuous practice, understand them, and apply them. Provisions concocted by human imagination lack sufficient rigor and universality and certainly cannot be deemed sacred or even qualify as laws.
Countries influenced by progressivism generally implement the civil law system, which consists of codified statutes created by humans. People's actions can be compared against these statutes to find similarities or equivalences and make corresponding judgments. These various explicit laws require constant revision, deletion, and supplementation to address new situations. The inclusion of personal biases is inevitable.
For instance, in all Chinese laws, the Communist Party of China leads everything; they are above all laws and are not subject to any legal sanctions or constraints. Naturally, such "laws" are merely rubbish as they lack even basic rigor and fairness, let alone anything else.
Therefore, it is no surprise that China has an endless history of wrongful. Examples of defiling good people as thieves and killing good people are unending for thousands of years.Previously it was under imperial family law; now it is under the party's rule. Essentially both are the same thing and completely different from what modern law represents.
Why is the rule of law so important that it surpasses democracy and freedom? Only under the framework of the rule of law can true fairness and justice be established. Since ancient Greece, philosophers have been seeking and discussing fairness and justice. These are not the benevolence of a wise ruler, nor gifts from saints, nor choices made by the public. It is only when we acknowledge that laws originate from divine creation, ensuring their sanctity and authority, that such laws can command awe and respect from mortals. Such laws can exert necessary deterrence on everyone from princes to commoners. A society devoid of fairness and justice inevitably becomes chaotic with rampant brutality as people become accustomed to oppressing others with power or colluding for profit—turning into a hellish abyss worse than any jungle world.
Today's various social disorders in china are precisely due to a complete lack of justice. Whether it's cases that shocked public opinion like the chained woman case involving Hu Xin Yu or Tangshan barbecue shop assault case; or previously exposed wrongful death cases like Nie Shubin or Hugjiltu—all represent hellish scenarios hidden from daylight.
In society, interactions and behaviors between individuals and groups lead to various consequences. These outcomes require moral evaluation and legal judgment. An unjust decision can cause harm far greater than the incident itself. Therefore, the rule of law must serve as a societal pressure relief valve; fairness can resolve disputes and conflicts within society, convincing most people genuinely, thus dissipating resentment and hostility. This establishes a foundation of authority. Each fair judgment subsequently accumulates more weight to this authority. However, an unfair judgment can destroy previously accumulated achievements—this collapse is more intense and widespread than an avalanche.
china's slight authority built over 30 years under the guise of rule of law vanished amid repeated distortions of truth until it became a "Tacitus" society. I believe that every despotic dark society inevitably results from the breakdown of rule of law, regardless of its initial state or how just its rulers claim to be. Conversely, a true rule-of-law society will inevitably evolve into a fair and just civilized community—even without being democratic.
The U.S Constitution does not mention "democracy" anywhere but this has not prevented it from becoming a beacon in the civilized world. The separation of powers in America stems from the sanctity of law and constitutional authority which ensures stable checks and balances—a result benefitting from national firm Christian faiths.
John Adams said in 1798: “Our constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other.” How could populations lacking strong beliefs resist military coups, manipulated elections or other sinister means used to gain supreme power or succumb to temptations for lavish lifestyles? Latin American countries provide too many such examples.
#RuleOfLaw #Law
In the array of words with noble meanings, I actually place more emphasis on the significance of "rule of law." While the general pursuit among the Chinese community leans towards "democracy" and "freedom," my focus is more on "rule of law." What is rule of law? To understand and discuss a concept, it's essential first to define that term. Only when there is a universally accepted definition can discussions and debates potentially reach a consensus. Otherwise, where everyone has their own interpretation. This was something I learned while reading Plato’s works.
The rule of law is a political and legal ideal that all people and institutions within a country, state, or community are accountable to the same laws, including lawmakers, government officials, and judges. It is sometimes stated simply as "no one is above the law" or "all are equal above the law". According to Encyclopædia Britannica, it is defined as "the mechanism, process, institution, practice, or norm that supports the equality of all citizens before the law, secures a nonarbitrary form of government, and more generally prevents the arbitrary use of power."
Use of the phrase can be traced to 16th-century Britain. In the following century, Scottish theologian Samuel Rutherford employed it in arguing against the divine right of kings. John Locke wrote that freedom in society means being subject only to laws written by a legislature that apply to everyone, with a person being otherwise free from both governmental and private restrictions of liberty. The phrase "rule of law" was further popularized in the 19th century by British jurist A. V. Dicey. However, the principle, if not the phrase itself, was recognized by ancient thinkers. Aristotle wrote: "It is more proper that law should govern than any one of the citizens."
The term rule of law is closely related to constitutionalism as well as Rechtsstaat. It refers to a political situation, not to any specific legal rule.Distinct is the rule of man, where one person or group of persons rule arbitrarily. [WIKIPEDIA]
The term often confused is "rule by law." It emphasizes governance through law and abidance by the law, aiming to perfect legal provisions. Take China as an example, where the common people frequently lament. Some things are too chaotic; the government should strengthen management... but there aren't any laws about it? Don’t worry, new legal regulations will soon be issued. These laws can govern everything from heaven above to earth below, including all actions of ordinary people in between. During Mao Zedong's 30-year rule, only a marriage law was established for appearances. Today, a vast array of various regulations emerge each year that dazzle you. Regardless of whether they are reasonable or not, this is what they claim to be a “country ruled by law.”
The "rule of law" discussed here focuses on restraining power as a key mechanism for social management, mode of social activity, and state of social order. "Rule of law" is closely related to constitutionalism; its essence requires not just that all citizens obey the laws but more importantly emphasizes control over and constraints on governmental power by the laws. The type of laws mentioned here should ideally be common law or natural law rather than statutory or enacted legislation.
The importance and nobility of the rule of law lie in its source. Only laws created by God can embody this holiness. There is a classic statement that says: "Laws are discovered, not made." In common law systems, there are rarely large volumes of man-made statutes; instead, more judicial precedents derive from common sense, basic habits of life, and similar past cases. Therefore, the debates between prosecution and defense in court are particularly important. Common law advocates that laws originate from the Creator's design; humanity can only discover them through continuous practice, understand them, and apply them. Provisions concocted by human imagination lack sufficient rigor and universality and certainly cannot be deemed sacred or even qualify as laws.
Countries influenced by progressivism generally implement the civil law system, which consists of codified statutes created by humans. People's actions can be compared against these statutes to find similarities or equivalences and make corresponding judgments. These various explicit laws require constant revision, deletion, and supplementation to address new situations. The inclusion of personal biases is inevitable.
For instance, in all Chinese laws, the Communist Party of China leads everything; they are above all laws and are not subject to any legal sanctions or constraints. Naturally, such "laws" are merely rubbish as they lack even basic rigor and fairness, let alone anything else.
Therefore, it is no surprise that China has an endless history of wrongful. Examples of defiling good people as thieves and killing good people are unending for thousands of years.Previously it was under imperial family law; now it is under the party's rule. Essentially both are the same thing and completely different from what modern law represents.
Why is the rule of law so important that it surpasses democracy and freedom? Only under the framework of the rule of law can true fairness and justice be established. Since ancient Greece, philosophers have been seeking and discussing fairness and justice. These are not the benevolence of a wise ruler, nor gifts from saints, nor choices made by the public. It is only when we acknowledge that laws originate from divine creation, ensuring their sanctity and authority, that such laws can command awe and respect from mortals. Such laws can exert necessary deterrence on everyone from princes to commoners. A society devoid of fairness and justice inevitably becomes chaotic with rampant brutality as people become accustomed to oppressing others with power or colluding for profit—turning into a hellish abyss worse than any jungle world.
Today's various social disorders in china are precisely due to a complete lack of justice. Whether it's cases that shocked public opinion like the chained woman case involving Hu Xin Yu or Tangshan barbecue shop assault case; or previously exposed wrongful death cases like Nie Shubin or Hugjiltu—all represent hellish scenarios hidden from daylight.
In society, interactions and behaviors between individuals and groups lead to various consequences. These outcomes require moral evaluation and legal judgment. An unjust decision can cause harm far greater than the incident itself. Therefore, the rule of law must serve as a societal pressure relief valve; fairness can resolve disputes and conflicts within society, convincing most people genuinely, thus dissipating resentment and hostility. This establishes a foundation of authority. Each fair judgment subsequently accumulates more weight to this authority. However, an unfair judgment can destroy previously accumulated achievements—this collapse is more intense and widespread than an avalanche.
china's slight authority built over 30 years under the guise of rule of law vanished amid repeated distortions of truth until it became a "Tacitus" society. I believe that every despotic dark society inevitably results from the breakdown of rule of law, regardless of its initial state or how just its rulers claim to be. Conversely, a true rule-of-law society will inevitably evolve into a fair and just civilized community—even without being democratic.
The U.S Constitution does not mention "democracy" anywhere but this has not prevented it from becoming a beacon in the civilized world. The separation of powers in America stems from the sanctity of law and constitutional authority which ensures stable checks and balances—a result benefitting from national firm Christian faiths.
John Adams said in 1798: “Our constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other.” How could populations lacking strong beliefs resist military coups, manipulated elections or other sinister means used to gain supreme power or succumb to temptations for lavish lifestyles? Latin American countries provide too many such examples.
#RuleOfLaw #Law