Review of the Nature of the Rule of Law and Historical Developments

These flashcards cover key vocabulary and concepts related to the rule of law, influence of historical events, and developments in governance across various regions.

Rule of Law

A principle where law is above all individuals, ensuring fairness, predictability, and limits government power.

Hayek's Theory

Philosopher Friedrich Hayek argued that the rule of law evolves gradually through tradition and experience.

China's Lack of Rule of Law

Historically, China's centralized power meant no legal system above the emperor, leading to unchecked authority.

Religious Law in India

In India, religious law was local and oral, preventing legal unification.

Religious Law in the Middle East

In the Middle East, religious interpretation varied by tribe, causing disunity.

Canon Law in Europe

The Roman Catholic Church provided canon law, a centralized legal system that limited monarchs.

Norman Conquest of England (1066)

William the Conqueror centralized power but preserved local customs that did not conflict with royal law.

Common Law

A legal system based on precedent, flexible and adaptable, developed in England.

Precedent

A principle where past legal decisions guide future court rulings in common law systems.

Rentes

A system in which the king sold tax-collection rights to elites, weakening state financial control.

Latifundia

Large family-owned plantations in Spanish colonies, leading to long-term inequality in Latin America.

Third Estate

The urban middle class in France that pushed for accountability and democracy.

Hungary Weak Decentralization

Hungary relied on landed elites for governance, leading to a weak, fragmented state.

Serfdom

A system where peasants were legally tied to land and worked for lords; common in Eastern Europe.

Landed Lords

Powerful regional nobles who controlled land and often undermined central authority.

Russian Environment

Russia's vast, cold, and unprotected borders forced a centralized and militarized governance.

Mongol Influence

Mongols ruled Russia for over 200 years, introducing predatory governance and weakening the church.

Patronage System

A system where government jobs are awarded based on loyalty rather than merit, common in Russia.

State Church

A church officially linked to the state, justifying the ruler's power, as seen in Russia's Orthodox Church.

Predatory Politics

A political system where leaders exploit the population for personal gain.

Absolutist Government

A government where one ruler holds all power, unchecked by laws or institutions.

Exceptional Influences on England

Geography, the Protestant Reformation, and common law allowed England to develop democracy earlier.

Parliament

England's bicameral legislature that evolved to control laws and limit the monarchy.

Protestant Reformation

The Reformation broke the Catholic Church's monopoly, empowering individual belief.

Evolution of Power in England

Power shifted from the king to Parliament, leading to a constitutional monarchy.

House of Lords

The House of Lords consisted of nobles and clergy that advised the king in England.

House of Commons

Elected representatives in England that gained power over time, contributing to modern democracy.