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Politics : American Presidential Politics and foreign affairs -- Ignore unavailable to you. Want to Upgrade?


To: Father Terrence who wrote (8405)5/16/2006 11:00:13 AM
From: TimF  Read Replies (2) | Respond to of 71588
 
What is the definition of "properly applied?" It must all revolve about testable, objective laws that protect and defend individual rights, property rights and State rights. Any other are subjective, malleable and liable to weaken or violate rights in favor of one group vs. another or for the government.

We are using the term properly applied in a different sense. You are using it in terms of politics, or political philosophy or morality/ethics. I'm using it as a matter of correct word usage. A nation with unjust laws is still "a nation of laws" if the laws are applied in a consistent, and unbiased way (or at least reasonably so, not nation is perfect in this regard). Its a nation of laws when forbidden actions and the penalties for them are determined by law, rather than the whim of the leader or leaders. If the leader can decide he doesn't like you so he will have you killed (and can do so with impunity) than you don't have the rule of law. Just having laws on the books doesn't make for "a nation of laws" in this sense. Iraq under Saddam had laws, but Saddam and his sons could kill or torture just about anyone they wanted. Or to use one of your examples the Soviet Union was a nation with laws on the books, but if the party had a problem with you they could abuse or kill you with impunity. It wasn't really "a nation of laws".

A nation of laws can still be unjust, and can fail to protect peoples natural rights, so while the rule of law is a good and important thing, it is not sufficient to have a just nation.