The Rule of Law

The rule of law is nothing else than the agreements pacts or mutual rules admitted by a collection of individuals, like stopping when the traffic light is in red and moving forward when it turns to green. The accumulated traffic lights of the city is what allows everyone to enjoy the right to transit. In other words, the rule of law is the rule of being civil as opposed to barbaric, the rule of a civilisation of shared agreements of individual behavior that serve one and all.

Interiorised along centuries and through the education given in home and schools from one generation to another, the rules of the game of the shared reality of a given community are stabilised, established. Their updating, production, and reform are now also institutionalised in the texts of the law which are produced by the State and the public authorities acting as public powerholders, changing every four to seven years or not rotating at all as in countries foreign to the republican forms of government and human democracy.

Individual power holders of all sorts, religious and political authorities, as well as industrial and commercial tycoons, seek to set directly or indirectly the rules and parameters of behaviour within their community. The rulemaking process is a circuit of power pivoting on the imperial sovereign individual, the sovereign parliament or congress and the encircling influencers all aiming to guide the lives and livelihood of their community. Law has historically been a

Law has historically been a top-down force. Fair or unfair in some or most of its provisions, statues once promulgated prescribes and establish the expected ways of the conduct of the community and is therefore enforceable. Law understood as the rules of the game, a package of norms guiding the existence and coexistence of the members of the public through rules is a demarcation of opportunities exercise. A rule can be likened to a line that is traced with a given field or situation to set a boundary that will henceforth limit the scope of action of one side to protect and enable the scope of action of the other side and vice versa. Law, rulemaking is an activity as old as humankind and along with it the political tensions and schemes for getting to the rulemaking position.

It is however within the logic and reason of tracing a line in one place and not in another, and defining a limit in one form and not any other where the fairness the quality of the law is found. Jurisprudence or law as a millennium old discipline of knowledge and research trains advocates in the capacity of understanding conceiving, drafting, reacting, contesting and interpreting an individual rule applicable to an individual person or situation and as part of an enchained process of the legal system. It is for that reason that all state judges and arbiters are lawyers and for many years so were the majority of lawmakers and regulators.

Good quality law, a clear precise and fair normative framework is the result of those who make the rule as those who contradict its form and refute its substance. Lawyers through litigation trim refine amend the rules of the game of society in front of their colleagues who sit as arbiters, authorities, and judges. Acting form the civil society shore they can act in representation of affected sectors groups or by conviction in the public interest of the community at large.

Good quality law is crucial for creating enabling conditions of human development from the individuals and society, a leveled-out territory of opportunities to give a fair chance to each and all. Fair line tracing, logic, and a reasonable rule is human security, the possibility living free from fear and free from want.

Competent rule-makers and interpreters with ethical integrity are on the basis of good quality law. When statutes, policies, and regulations are of good quality then the law acts as the protective layer of civil society when mediocre, negligent or corrupt law turns into a straitjacket, and instead of securing freedom creates oppression.

In matters of rulemaking and implementing, language and semantics, concepts and definitions are the everyday working material. Law and language being the field where humanities, philosophy and socioeconomic and natural sciences converge with members and organisations of civil society to dialogue and contribute to understand the complexity of real life problems and aspiration of humans and society.

Hence the precision of language and having the normative framework of society accessible reachable and comprehensible to all, constitute the basic fairness condition of the law, the prescriptive and enforceable rules of a country.