The Rule of law is fundamental to the functioning of a society. It is essential that individuals understand the role of law and how it applies to their lives. In addition, laws should be publicly available and epistemically accessible. This way, people can study, internalize, and use them as a guide to decision making. Likewise, people should have access to legal institutions that help them resolve disputes and protect them from abuses of power. This is vital to the independence of the judiciary and the integrity of legal processes.
Rule of law
The Rule of Law is a basic idea in liberal political morality. It is one of many values a liberal should strive to achieve, including democracy, human rights, economic freedom, and social justice. The plurality of these values suggests there are many ways to evaluate a political system, and legal philosophers often argue that the Rule of Law should be considered separately from democracy. Raz 1977 limits Rule of Law to the formal and procedural aspects of governmental institutions, while others argue that Rule of Law should be part of democracy.
In the ordinary person’s conception of the Rule of Law, procedural principles are more important than substantive ones. For example, many people worried about the legality of the detention facilities in Guantanamo Bay, and demanded that the detainees be granted the right to appear before the proper legal tribunal, answer evidence, and be represented.
Legality
“Legality of law” is an important principle in the theory of law. It aims to ensure that the state does not punish a defendant arbitrarily. Furthermore, it prevents retroactive punishments. It also requires judges to lean toward the defendant when interpreting a statute and forbids a declaration of guilt without clear justification.
Legal legitimacy, in Weber’s view, comes from the social ties that unite a social group. This legitimacy is thus a social dimension, and cannot be reduced to the logical coordinates of an association. It is a social property, and is thus a fundamental aspect of law’s intelligibility.
Legality as a profession
A lawyer has many responsibilities as a member of the legal profession. These include being accountable for their actions and making sure their work is done in the public interest. The Rules of Professional Conduct are a vital part of this responsibility, and each lawyer must abide by them. If they are not adhered to, the independence of the profession and the public interest are compromised. Lawyers play an important role in preserving society. They must understand their role within the legal system and the broader system in order to perform their duties.
Those who practice law should strive to improve the quality of justice and access to the legal system for all people. This means educating themselves about the law outside of the realm of their clients, and using their professional and civic influence to promote legal reform. Lawyers should also strive to strengthen legal education and public confidence in the justice system, as legal institutions depend on the participation of the public.
Legality as a science
Legality as a science is a theoretical approach to the study of law. It seeks to identify the principles and practices that enable legal reasoning to produce deductively necessary conclusions. Legal scholars may study particular areas of law, such as the nature of legal reasoning or its methods, or they may work across fields to study various aspects of law.
A common criticism of legal science is its lack of precision. There is no single definition of what constitutes a science, and the method of scientific inquiry is also unclear. Thus, the discussion of legality as a science is fraught with difficulties.
