THE RULE OF LAW!

We hear a great deal about the Rule of Law these days and rightly so, but exactly what is the rule of law? Without thinking much about it, one might say that obviously it means living in accordance with the laws that govern the society in which we live. And that means that in every human society there are laws that govern the social, financial, occupational, associational, familial, often religious, and even reproductive interactions that allow people to live together within an understanding and acceptance of certain behavioral mores. But who makes these laws? For a system of laws, checks, and balances to be effective there has to be a central authority to create the laws and rule by the laws, and a structure of punishment for those that do not obey these laws, otherwise the laws are just suggestions. And the populace has to abide by the existing rule of law through acceptance or reject the law through noncompliance; and noncompliance can lead to confiscation of property, imprisonment, or possibly revolution.

Typically, throughout the known history of humanity the laws governing human behavior and interactions have been created and enforced by a small group people headed by a single individual blessed with the overriding authority of a supernatural God and/or secular conquest. This supreme authority extends down through a united or even fragmented populace, large or small, grouped in families, tribes, townships, and cities, all within a universal envelope of supreme leadership. The basic, all-encompassing laws and punishments that apply to all denizens of the nation are created by the supreme authority and enforced through a network of loyal and supervised authority figures down to the level of every neighborhood. The supreme authority may be corrupt and cruel, or fair and compassionate; but in either case, it is supreme. The Rule of Law was, and in many situations even today, is still the law as defined by, and enforced by, the Supreme Authority.

In relatively recent human history, there has been a change... we are still struggling with the ancient human instincts to follow a strong leader to whatever end the leader envisions or circumstances decree; but we are now working to create societies where the needs and will of the people, not the whims of a dictator; form, implement, and enforce the rules and laws that govern them. The Federal government, a democracy, of the United States created in 1787 is one such government, “of the people, by the people, and for the people” where there is freedom from the iron fist of a dictator, king, emperor, or ruler in any guise; and the laws of the land are created and enforced by the people through the process of fair elections. As of now, we live under The Rule of Law: as Created and Enforced by the People; with no mention of a right of royalty, a right of wealth, a right of conquest, religious supremacy, or punishments modified by political status, family, race, or wealth. However, perfection is never fully attainable and freedom from corruption is a constant battle.

But where and how did the concept of living under a rule of law originate? The rule of law goes back as far as human history extends. The most well-known of ancient codes of conduct is the Code of Hammurabi, credited to Hammurabi, the sixth Babylonian king. Our knowledge of it dates back to 1754 BC, 3774 years ago. The code was discovered in 1901 carved on a basalt pillar in the Akkadian language and translated in 1902. It contained 282 laws that described seemingly every offense that could occur in human interactions at that time, describing the transgression and the appropriate punishment. Although it is the best known, the Code of Hammurabi is not the oldest of recorded ancient codes of human behavior.

The code of Ur-Nammu is the oldest law code that is known from written text on tablets. This tablet is in the Sumerian language and dates back to 2100 - 2050 BC. It contained 5 laws and was translated in 1952. Additional tablets were translated in 1965 and total of 30 of the 57 laws could be deciphered. The ancient kings that promulgated these laws all “officially” acted under and through the gods that were worshiped at that time and place. Capital offences such as murder, robbery, rape, and adultery were listed and the punishments were usually death. Lesser offences were assigned different punishments, physical punishments were common, one of the most famous was the “an eye for an eye”. Wealth and status were considered and were instrumental in the crafting of the punishment. There were also different categories of people under the law; the king or great man was above all, then there was a distinction between free people and slaves, then a man, then a young man. A woman was first a daughter, and then a wife, then perhaps a widow, and a widow could become a wife again if she remarried. These differences in status were considered and legislated, and punishments adjusted depending on status.

So the chances are that The Rule of Law in one way or another has been with humanity for a very long time. I suspect that the primitive origins of laws and punishments date back to almost 300,000 years ago when the species Homo sapiens, first took form. By 150,000 years ago these early members of our species had developed the innate characteristics of intellect, cooperative living, and use of stone tools and weapons such as spears, bows and arrows, and even sewing needles made from fish bones, and control of fire. They had the capability of abstract thought, language, basic number theory, and a functional knowledge of the biology of the world around them. And somewhere, very early on, they developed a basic concept for individual and cooperative existence that no other animal could understand or comprehend.

This was a concept unique in the animal kingdom, yet so basic, that it would allow humans to create the beginnings of civilization. This concept grew much more complex with time but initially it had to have been very simple. They discovered that they could actually possess things. A long, sharp, fire hardened pole or stick just right for impaling small animals could be saved, and used again for the same purpose. It could be hidden so that no one else could use it, they could POSSESS it. It could be improved with additional sharpening, they could keep it with them, it could become exclusively their tool; and they could understand the meaning of possession. Possibly the relationship with children, the care and compassion, the intimate bond between parent and child, necessary for childhood survival, might have also fostered conceptual bonding with inanimate objects. However it began, the concept of possession was probably a revelation that took a very long time to come to fruition, it was a concept that was transferable to pretty much everything in their world; tools, clothing, territory, homes, and even other people... as slaves. But possession was, is, only temporary control and it extended only to the degree that immediate control was possible.

However, possession is the foundation of permanent ownership. Possession is essentially temporary ownership. Animals can “possess” a territory, a kill, a fruit tree, even a bed and a toy, but only as long as they can protect it with their presence. They do not know that they “own” it. Possession becomes ownership when others recognize and honor that a particular tool, a plot of ground, a cave, a home, an animal, a bushel of grain, a child, a wife, and a slave belongs to, that it is the property of another person and they cannot, should not, take possession of it. Also, that they can, and should, protect the rightful ownership claims of others in their society. The concept that a human being could be “owned” in body, mind, and being, by another human being is abhorrent to us now, but in the not too distant past, this was a widely accepted practice, a right of conquest. Ownership quickly becomes complicated. Condominiums and hedge funds are good examples of modern complicated ownership.

The concept that something can be owned introduces many other aspects of civilization. Ownership makes it possible to give something to another individual, a sibling or offspring, enhancing family ties, or tribal relations. And of course, also giving something to another individual in exchange for something wanted that is owned by that individual. This introduced the practice of trade, where both individuals and groups profit from the exchange. And this led to the invention of currency, a medium of exchange. This was also the beginnings of the rule of law. When ownership is transferred by force or fraud, it becomes a crime and is subject to punishment. This stimulates codification of offences and crimes, protects us from those that would take an object from another individual, stealing it, or even taking it after killing the owner, a most serious crime.

The Rule of Law that we live by, at the present time; here in the United States, is a complex contract constructed and agreed between and among government and citizens to respect individual freedom to own property and conduct the elements of life with respect and equality for all, regardless of wealth, status, and authority. Sometimes, perhaps more often than we know or understand, our Rule of Law is circumvented or even ignored. It is the “job” of the Constitution to ensure equality, and the job of Congress to ensure that the Constitution is able to do its job.   These duties have been tested many times in venues large and small. Lies and legal machinations intended to preserve and expand political power are ancient primitive elements of humanity that could, and if they can, will break what we have created. Let us not allow this to happen.

Martin Moe