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(2) The second element of the Rule of Law is efficacy. The law should actually guide people, at least for the most part. In Joseph Raz's phrase, "people should be ruled by the law and obey it." (3) The third element is stability. The law should be reasonably stable, in order to facilitate planning and coordinated action over time.
The idea of a just society first gained modern attention when philosophers such as John Stuart Mill asked, "What is a 'just society'?" [3] Their writings covered several perspectives including allowing individuals to live their lives as long as they didn't infringe on the rights to others, to the idea that the resources of society should be distributed to all, including those most deserving first.
Because laws represent the restraint of "natural liberty", [19] they represent the leap made from humans in the state of nature into civil society. In this sense, the law is a civilizing force. Therefore Rousseau believed that the laws that govern a people help to mould their character.
Such equality is necessary in order to create a free government. All men must be equal to each other in natural law. Jefferson also may have been influenced by Thomas Paine's Common Sense, which was published in early 1776: Benjamin Franklin by Joseph Duplessis, 1778. He is credited with stylizing the final form of the quote. [1]
His answer is no; a law only need to be obeyed if it is legitimate in three ways: The Purpose: The law must be for the common good. The Author: It must be in the scope of the authority making the law. The Form: And its burden should be equal and apply to all. Aquinas says that the disobedience should not itself cause harm or lead people into evil.
Equality before the law is one of the basic principles of some definitions of liberalism. [2] [3] It is incompatible with legal slavery. Article 7 of the Universal Declaration of Human Rights (UDHR) states: "All are equal before the law and are entitled without any discrimination to equal protection of the law". [1]
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Talcott Parsons reviewed Law in Modern Society for the Law & Society Review, and offered qualified praise for Unger's work. "The book is important because it contains one of the sharpest and clearest statements of the problem of what the author calls the place of a legal system in a total and complex society."