bodkin ch4: intro to law - the rule of law

What does the phrase “rule of law” mean?

Laws apply equally to all people, including those in power

Why does law matter?

Law provides order, stability, and fairness, acting as the foundation of civilization

What happens without law?

Chaos, injustice, and tyranny

What did Aristotle say about law?

Humans need rules to flourish in community

How does law relate to morality and ethics?

Law channels morality and ethics into enforceable standards

Why is law called the “skeleton” of democratic life?

Because it underpins democracy and allows free expression to survive

What is morality?

Deep cultural or religious values of right and wrong, such as the Ten Commandments

What is ethics?

Reasoned reflection on choices and professional codes, such as journalism ethics

What is law?

Written rules enforced by government and external authority

How do law, ethics, and morality overlap?

Some actions are legal but not moral, others moral but not legal, like civil disobedience

What is the transcendent view of morality?

Morality is based on universal truths like natural law or religious commands

What is the cultural view of morality?

Morality varies by society and time, such as slavery being once accepted and now condemned

What did John Adams say about morality?

A functioning republic requires a moral citizenry

How does morality influence communities?

Shared moral norms allow communities to function because most members agree on baseline standards

What lesson did the civil rights era show about morality?

Shared morality can evolve, as segregation went from tolerated to rejected as immoral

How do laws relate to morality?

Laws often follow morality once a community reaches consensus

What is ethics in decision making?

Ethics is rational, reasoned choices

What is systematic reflection in ethics?

Systematic reflection is asking “what should I do?”

What principles is ethics grounded in?

Ethics is grounded in logic, fairness, and justification

What are professional codes in ethics?

Professional codes guide decisions, e.g., journalism ethics: truth, minimize harm

How does ethics contrast with morality?

Morality = community or faith-based standards

What is the basis of morality?

Morality is rooted in religion, culture, or tradition

Example of morality in practice

Telling the truth is a moral commandment in many religions

How does ethics contrast with law?

Law is external authority enforced by government

Example of law in practice

Perjury (lying under oath) is illegal whether or not it’s immoral

Case example: lying to save a life - morality

Morality: lying is wrong

Case example: lying to save a life - law

Law: lying isn’t illegal unless under oath

Case example: lying to save a life - ethics

Ethics: lying is potentially justified if it prevents harm

Takeaway about ethics?

Ethics is distinct because it is derived from reasoned principles versus morality (cultural/religious rules) or law (government enforcement)

What is civic virtue?

Acting for the common good, beyond self-interest

Examples of civic virtue - George Washington

Stepped down after two terms

Examples of civic virtue - Watergate

Example of failure in civic virtue

Examples of civic virtue - Nelson Mandela

Modeled self-sacrifice for justice

Why does civic virtue matter today?

Considering today’s polarized political climate, civic virtue matters now more than ever

Why is civic virtue essential in democracy?

Democracy demands and requires ethical, civically minded leaders and citizens

Who has special responsibility regarding civic virtue?

Media and communication professionals have a special responsibility

What is religious law?

Rooted in sacred texts or divine authority

What is civil law?

Originated in Roman law, codified by Napoleon in early 1800s

What is common law?

Originated in medieval England

What is unique about Louisiana's law?

Louisiana is an exception in the U.S., following civil law traditions from its French/Spanish history

Why study other systems of law?

U.S. law is primarily common law, but understanding other systems shows how law, morality, and culture interact differently worldwide

What do trial (district) courts do?

Decide facts, apply existing law, do not set precedent

What do appellate courts do?

Review trial court decisions for legal errors, review law, and set precedent

What are the highest appellate courts?

State supreme courts handle state law/constitution

What is the court hierarchy in common law?

Lower courts are bound by higher courts

Why is precedent important?

Promotes consistency, predictability, and stability while allowing flexibility and adaptability

How can courts modify precedent?

Courts can distinguish new cases if facts differ or higher courts can overrule precedent if outdated or unjust

What role does precedent play in common law?

Provides structure to the common law system

What is the Rule of Law?

The principle that law governs everyone, not the arbitrary will of rulers or individuals

What does the Rule of Law ensure?

Government power is exercised only according to established, publicly known laws

What is the supremacy of law?

No person, including leaders, is above the law

What does generality mean in the Rule of Law?

Laws apply equally to all people

Why is stability a key feature of the Rule of Law?

Law, not personal whim, provides order

What does accountability mean in the Rule of Law?

Government officials are bound by legal constraints

Historical foundation: Magna Carta (1215)

Placed limits on the English king’s authority

Historical foundation: Constitution (1787)

Codified separation of powers and checks

Historical foundation: John Adams (1774)

Called for “a government of laws, not of men”

Rule of Law Overview

The Rule of Law rests on seven distinct principles

Core Principles of the Rule of Law Principle 1: Supremacy of Law

No one is above the law

Core Principles of the Rule of Law Principle 2: Equality Before the Law

All people are treated equally under the law

Core Principles of the Rule of Law Principle 3: Legal Accountability

Government is subject to the law

Core Principles of the Rule of Law Principle 4: Transparency/Predictability

Laws are clear, public, and consistently applied

Core Principles of the Rule of Law Principle 5: Procedural Fairness (Due Process)

Legal procedures are fair, impartial, and consistent

Core Principles of the Rule of Law Principle 6: Independent Judiciary

Courts make rulings based on law, free from outside influence

Core Principles of the Rule of Law Principle 7: Access to Justice

Everyone has realistic access to the legal system without barriers

Rule of Law vs. Rule by Law Overview

Compares how democracies and authoritarian regimes apply law differently

Rule of Law (Democracy)

Government itself is bound by law

Rule by Law (Authoritarianism)

Leaders use law as a tool of control, not a restraint on power

Key Differences Between Rule of Law and Rule by Law

Rule of Law ensures fairness, transparency, accountability, and protection of rights

Rule of Law Cornerstone of Democracy

Ensures leaders are accountable under the same rules as citizens

Fragility of Rule of Law

It can erode gradually (e.g., court-packing, undermining judicial independence, ignoring checks and balances)

Rule of Law in Practice vs. Theory

The U.S. legal system aspires to equal justice — but systemic inequalities (racial, economic) raise questions

Global Perspective

Some countries have constitutions “on paper” that promise freedoms, but in practice they operate under “rule by law”

Media Connection

A free press is essential to accountability and transparency (Core Principles 3 and 4)