We have to be careful, however, to distinguish between allegedly substantive requirements of the Rule of Law and specification of the deeper values that underlie and motivate the ideal even in its formal and procedural requirements. Both equality and inequality are complex and multifaceted concepts Temkinchap.
In the eyes of their critics, equality of whatever kind should not lead to some people having to do with less even though this equalizing down does not benefit any of those who are in a worse position.
On the formal level of pure conceptual explication, justice and equality are linked through these principles of formal and proportional justice. In the latter case, whether the society has taken such steps for reasons of political morality or efficiency again makes a moral difference.
Hayek uses the Greek term nomos when he refers explicitly to this specific kind of positive rules Hayek But this is not the only possibility. The limitations placed on human rights correlated with the policies of Iran 's clerical Modern studies rule of law equality after Hayek analyzed how the rule of law might be beneficial to the free market.
Applying a norm to a human individual is not like deciding what to do about a rabid animal or a dilapidated house. This is not just a matter of legalizing the personal realm; it is also a matter of understanding, for example, the damage that can be done to relations between officials like social workers and vulnerable clients by replacing bringing in rigid rules to replace relatively informal professional norms Simon Rhetoric b There were, he conceded, some cases so fraught with difficulty that they could be handled by general rules—cases that required the focused insight of particular judges; he used the term epieikeia sometimes translated as equity.
Fourth, Rawls proposes fair equality of opportunity.
It insists that the government should operate within a framework of law in everything it does, and that it should be accountable through law when there is a suggestion of unauthorized action by those in power. One could regard the norms of distributive equality as applying to groups rather than individuals.
If the proviso recognizes the full range of interests and alternatives that self-owners have, then it will not generate unrestricted rights over unequal amounts of resources. This corresponds to the conditions of our shared life.
For Dicey, the key to the Rule of Law was legal equality: If one contentiously identifies subjective welfare with preference satisfaction, it seems implausible to count all individual preferences as equal, some — such as the desire to do others wrong — being inadmissible on grounds of justice the offensive taste argument.
At present, the former approach is most apparent in Rawls and many of his adherents and critics follow Rawls in this respect. Assess the prolonged effects of the stock market crash upon the social and economic activities of the U.
The danger is probably exaggerated, however, and those who make this argument would not for a moment countenance a similar argument in the sphere of national states.
Applied to this political domain, the presumption of equality requires that everyone, regardless of differences, should get an equal share in the distribution unless certain types of differences are relevant and justify, through universally acceptable reasons, unequal distribution.
A superb historical analysis of apostasy in Islam. One of the areas where the clash between traditional interpretations of Islamic principles and international human-rights norms was most acute was that of women's rights.
The burden of proof lies on the side of those who favor any form of unequal distribution. Generality—proceeding according to a rule—is often said to contain the germ of justice Hart As described at some length in the pertinent section above, many egalitarians argue that a presumption in favor of equality follows from this justification requirement.
These included the provision that no one should be arrested, imprisoned, or have his actions restricted except as provided by law Article 36 ; that homes should not be entered or searched save in cases specified by statutes Article 37 ; that communications should not be confiscated, delayed, read, or listened to except in cases defined by statute Article 40 ; and that private property must be protected and could only be taken for the public interest and with fair compensation Article The argument that it should be put aside because it does not contrast sufficiently with the rule of men seems perverse.
Equality and efficiency need to be placed in a balanced relation. Equal opportunity is insufficient because it does not compensate for unequal innate gifts. Hayekian Epistemology In his epistemological work The Sensory Order fromHayek describes the human mind as an instrument of classification.
Laws that are secret and retroactive so far as i is concerned may still operate effectively in respect of ii. The central criterion for justice must consequently be equalizing the level of welfare. Freedom of Religion, Apostasy, and Islam.
Concepts analogous to human rights have certain precursors in Islamic philosophy and theology, but human rights lack precise equivalents in medieval fiqh jurisprudence. For some, official discretion is incompatible with the Rule of Law; for others it depends on how the discretion is framed and authorized.
Aristocrats, perfectionists, and meritocrats all believe that persons should be assessed according to their differing deserts, understood by them in the broad sense of fulfillment of some relevant criterion. Thus, the establishment of social conditions, like material equality, necessarily needs deliberate discrimination of redistributing authorities.
The requirement of justification is based on moral equality; and in certain contexts, successful justification leads to the above-named principles of equality, i. Although conservatives propounded the notion that full equality for women violated Islamic precepts, feminists argued that it was patriarchal attitudes and inadequate study of the Islamic sources that led to the notion that Islam required keeping women in a subordinate position.
Nominally, all citizens except the emperor were equal under Roman law in the imperial period.Modern Studies Dissertation. Topics: Drug addiction, taking drugs to some of the effects drugs have on people’s lifestyles and choices ends up with the law being broken.
People may have to steal and use tax aviation in order to pay for drugs. They may also become violent when they are on drugs due to the mood swings and increased.
Oxford Islamic Studies Online. Nov 9, These included the first great statement of modern human rights, the rule of law, liberty, equality, and the ideas of the Enlightenment, and translated the French constitution into Arabic; in his report was translated into Turkish.
The Persian diplomat Mīrzā Malkom Khān (– This paper describes and defends a novel and distinctively egalitarian conception of the rule of law. Official behavior is to be governed by preexisting, public rules that do not draw irrelevant The Rule of Law and Equality | SpringerLink.
Singapore Journal of Legal Studies  – THE HISTORYAND ELEMENTS OFTHE RULE OF LAW Brian dfaduke.comha∗ I.
Introduction I have written extensively about the rule of law for two basic reasons.1 First, the notion of the rule of law is perhaps the most powerful and often repeated political.
In Australia, the State and Commonwealth constitutions may independently reconcile parliamentary sovereignty and the rule of law.
A harmony of constitutional doctrine is obtained, without recourse to the common law, by virtue of the legal limitations on the legislative competences of. Modern Studies in European Law.
Modern Studies in European Law publishes the best new academic works on EU law by younger scholars in the subject. The series embraces the full scope of scholarship on EU law from doctrinal analysis to theoretical exploration, and also encourages inter-disciplinary, comparative and historical approaches, the .Download