Rule by Law and Rule by Common Sense


Law is a system of rules that governs behavior. A rule is either a rule in court or in legislation. Its purpose is to protect human rights and prevent injustice. While a rule may be arbitrary, it must follow the rule of law. In a modern society, the rule of law has been interpreted to mean that the same rules should apply to all people.

Rule by law

Rule by law is the final determination of a court. Although some people may not realise it, rule by law is just as much a rule of men as any other decision. This notion has a number of problems. First of all, it can encourage the development of a fear-based mentality and discourage the development of independent moral judgment. Second, it can lead to people distrusting individual judgment, which is counterproductive in an era of uncertainty.

The principle of rule by law has its origins in the philosophy of Thomas Hobbes. Hobbes believed that the sovereign should establish common rules that apply to all men, not just his own subjects. This way, the sovereign could shape their behavior and persuade people to accept their decisions.

Rule by court

The Rule by Court process is an alternative rulemaking method that a State may apply to create a new rule. It enables the State to implement a rule without having to go through the usual rulemaking process prescribed by Congress. In this type of case, the State seeks the creation of a new rule for the purpose of enforcing its laws.

Rule by legislation

Rule by legislation differs from the rule of law in many ways. First, it is a way to rule in which the executive has the power to make law, whereas the legislature has the authority to enforce laws. Second, a separation of powers principle requires that legislative and agency action be required to create a system of law.

Rule by common law

The rule by common law is a concept that can be found in a number of federal and state laws. Federal courts have interpreted this principle to apply in nine states and Puerto Rico. While these courts have not explicitly endorsed or rejected the rule, the majority of them have predicted that the rule would be adopted in a number of jurisdictions.

Rule by common sense

In this book, Howard argues that we should return to the rule by common sense. He explains that too often bureaucratic rigidity and costly regulations have superseded good judgment and common sense. For example, one building code required an elevator that was unnecessary, costing the owner $100,000. Another oil company spent $31 million on pollution control standards that had little to do with the pollution that it produced. To reclaim the rule by common sense, we must reduce the number of laws and regulations and allow regulators discretion to enforce them.

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