Does Democracy Need the "Rule of Law"?
Translation is an overlooked skill. The typical translation we think of is between languages such as from English to Spanish or vice versa. But the overlooked skill is between frames of thought, religions, disciplines, positions or management levels. For example…
Many in the media talk about this election as choosing between a country founded on the rule of law
But the term “rule of law” is more than that. The rule of law is a structure we use to govern how we live together as a society. It creates boundaries, yes, but it also creates accountability
Laws create a set of rules that are at their best applied equally across genders, races, political affiliations and wealth statuses. Laws create structures for financial exchanges such as taxes, purchases, ownership, and inheritance. Laws provide consequences for those who do not adhere to or behave according to the rules adopted and accepted by any given society.
The translation of “rule of law” is “a system of rules that strives to create equality, consistency, and fairness.” This system is the foundation of the relationship between an employer and an employee. And it is imperfect to be sure, but it is an ideal that humans aspire to in order to create a more harmonious way to live and work together. Laws were invented because without them, anyone could behave in any way they chose without consequences. Violence was pervasive, abuse was constant, and many human beings were mistreated while others prospered by abusing those less powerful.
The translation of the “rule of law” into authoritarianism is “the one who has the authority – whether by violence or election or fraud – makes the laws and chooses how they are enforced.” Laws become fluid, flexible, manipulative, and are applied unequally based on the “authority’s” decision or decisions by the authority’s representatives. No law governs the authority – the authority has no boundaries. If you wouldn’t trust your boss to have absolute power over you - why would you trust a politician to have absolute power over you?
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There is no perfect system in the world. Human beings are incapable of reaching the ideal goal of a perfect system. All we can do is work to reach the ideal of a perfect system as individuals. And as humans, we reach that ideal more than we fail if we commit to the work and believe in fairness. Occasionally, we succeed in big ways but often it is in lots of smaller wins. Striving for a perfect system
It is an absolute truth that every system is flawed. Even a democracy is not always fair, consistent, or equal. But BECAUSE a democracy is founded on the rule of law, the foundation of democracy allows each human being within its borders a guarantee of a set of freedoms and access to a set of tools that can be used to re-enforce and rebalance human interactions toward fairness and equity. Because participants in the democracy have those freedoms, a set of rules and boundaries is in place to re-enforce fairness and equity and prevent violence and abuse. The “rule of law” is a tool to prevent pursuing happiness by abusing others. That is what the “rule of law” guarantees to those who live in a democracy – it is your guarantee of your freedoms. Eliminate the rule of law and you eliminate your freedoms and your ability to fight for them.
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