Notes on Law, Government, and Politics (Rule of Law vs Rule of Man)

Vocabulary flashcards covering key terms from the lecture on rule of law vs rule of man, including major theorists, rights concepts, and real-world test cases.

Rule of Law

A governance framework in which power is exercised through publicly promulgated laws and stable institutions, with due process, separation of powers, and equality before the law; laws are prospective and subject to judicial review.

Rule of Man

Governing by the whim or will of a ruler or small group; power operates above or outside universal legal rules; decisions are arbitrary.

Lon Fuller

Proponent of natural-law perspective who argues laws must meet moral criteria; eight principles of legality; unlawful regimes lack true legality.

H. L. A. Hart

Legal positivist who argues that law remains valid if created and enforced by a recognized legal system, regardless of moral content; change occurs through lawful processes.

Inalienable Rights

Rights that belong to humans by virtue of humanity and preexist governments (e.g., life, liberty, pursuit of happiness); governments protect, do not grant.

Natural Law

Universal moral principles that predate government and constrain positive law; provides a standard against which laws are judged.

Positive Law

Laws enacted by authorities within a recognized system; can be moral or immoral yet remain legally valid if properly created and enforced.

Reichstag/Nazi Legal Order

Nazi-era legal framework that criminalized denunciation and dissent; illustrates legality without justice and moral illegitimacy of the regime.

Rosa Case

Illustrative case showing tension between legality under dictatorship and morality; tested Hart–Fuller debate on whether laws are truly law if morally abhorrent.

Bill of Rights

Constitutional protections for civil liberties that constrain government action and enable rights to be defended via judicial review.

Declaration of Independence

Foundational text asserting inalienable rights (life, liberty, pursuit of happiness) preexisting government and justifying revolution if violated.

Eight Principles of Legality

Fuller’s criteria for law: generality, publicity, prospectivity, clarity, non-contradiction, possibility of compliance, constancy, and congruence between official action and rules.

Prospective Law

Laws that apply to future conduct and are not retroactive; laws should not punish actions that were legal yesterday.

Procedural Legitimacy

Legitimacy derived from fair, formal procedures and due process within the legal system.

Substantive Legitimacy

Legitimacy grounded in the justness and fairness of the laws themselves, beyond mere procedure.

Operating-System Analogy

Metaphor comparing governance to an operating system: Rule of Law is a system of constraints; Rule of Man is centralized control.

Aristotle’s Public Ethics

Idea that governance should pursue practical compromises and virtuous public life, valuing persuasion and the common good.

Crick's Middle Ground

Politics resides in a middle space between extremes; emphasis on moderation, representation, and pragmatic solutions.