The Rule of Law: A Complex Analysis of Numerous Important Issues

            "The Rule of Law is to be Legitimate because the issue of law is not a simple, but a highly complex one, and it involves the analysis of numerous important issues". Law is not as simple as something that can be forced upon or coerced out of an individual or a group because of several reasons. One is that when it is a criminal statute, for example, because of the fact that it forbids certain actions, under force of penalty, resembles the threats that one individual can make against another, but it is different at the same time because it most often applies to those people who enact it, and not to others. Secondly, certain laws like private, and public laws, cannot possible be misinterpreted as threats, and third, certain legal rules are different from orders, because they are not created by anything equivalent to specific instructions and recommendations. Fourthly, when law is analyzed in terms of the sovereign, in which case it is obeyed without limitations, then it would not satisfactorily explain the continuity of legislative authority found in a modern legal system, and this would also mean that the sovereign person would not be identified with the legislature or with the electorate of a modern state. (Hart, 79) In addition, when law is taken as a sovereign's orders, and the rule of 'tacit order' is considered, what happens is that this does not apply to the modern legal system, and therefore, it will fail to correlate that simple rule to the modern system. Therefore, in the analysis of a modern legal system, one must remember to keep in mind the two important rules, which though different, are co-related. (Hart, 80) .

             One is a primitive or basic rule, according to which a human being is required to carry out or stop from doing certain activities, and the second set of rules are almost parasitic upon the first set, and these are that human being, by saying or doing certain things, may bring in new rules for the first set, and also modify the old rules.

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