DE.REGIMINE.LEGIS.AC.REGIMINE.HOMINIS
(On the Rule of Law and the Rule of Man)
R.H.Ralls
All systems of government fall into one of two systems: The most praised and well-regarded, yet exceptionally rare, system called The Rule of Law, or the much more common, even though less favorably viewed, system called The Rule of Man. These terms were established in the 2nd Age of Civilization, which is commonly referred to as the Classical Era, and defined by such philosophers as Aristoteles (Aristotle), Cicero and Ploutarchos (Plutarch) and even a revered sophist commonly portrayed as a philosopher, Platon (Plato).
In the Modern Age the meaning of these terms has been obscured by a combination of sophistry and ignorance, so that now systems that fall within the Rule of Man may be interpreted as the Rule of Law in a manner that seems reasonable to the uninitiated. My purpose in writing this examination is to initiate the uninitiated as to the true meanings of these two separate and distinct systems of governance. Sophistry always seeks to create gray areas that blur distinctions and, therefore, definitions that allow deceptions and lies to appear factual and truthful despite their literal fallacy. Knowledge and Objective Observation are the best ways to distinguish sophistry from truth.
Both systems have operational principles that recommend them, which shall be examined in the course of this discussion. We will also be examining two specific historical legal actions on the part of the U. S. Government that exemplify both The Rule of Law and the Rule of Man: The Emancipation Proclamation by Abraham Lincoln in 1863 and the Everson Decision on the part of the U.S. Supreme Court in 1947.
The most basic fact about these two opposing systems is that The Rule of Law is very narrow in definition, while The Rule of Man is very broad. Historically, very few governments or states have ever practiced the Rule of Law; by far most states have practiced the Rule of Man, even while praising and claiming to practice the Rule of Law. The Rule of Law is much like the ideal of Honesty: revered by most, the ideal in theory, practiced by few, understood by even fewer and rejected when found.
*Mosaic: Law by Frederick Dielman
Comments
Or, Civil Rights ideology vs. the Magna Carta.
Couldn't find your email, please email me at darksydothemoon@aol.com
Steven Andrew
Contributing Editor Daily Kos
Mr. Andrew; you've got mail. Sorry if the delay was excessive.
Civil Rights Ideology vs. the Magna Carta is not a bad analogy. The issue of Civil Rights will bear further examination in the near future.
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