What Is The Difference Between A Rule And A Law?
Marvin Harvey
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Things you need to know –
Rules are instructions for a place or situation, such as school, home or sports teams. They can be made by people who have authority, such as teachers, parents and coaches. Sometimes they are made with the input of the whole group. Different groups have rules. Group rules only apply to people who are part of that group. Other people don’t need to follow those rules. There can be consequences for group members who break the rules. These consequences may not affect the person who broke the rules anywhere except in the group. Laws are rules that apply to all people at all times and have legal consequences if they are not followed. They are made by parliaments and courts. Laws help us all to behave safely, fairly and respectfully. Examples of laws that students need to follow are wearing a seatbelt, wearing a bike helmet and going to school. There are major consequences for people who break laws such as having to pay a fine or going to jail. The police and the courts are both responsible for making sure the laws are followed.
How does a law differ from a rule?
What is the difference between a rule and a law? While many differences exist between rules and laws, the biggest is the CONSEQUENCE, RULES are a set of instructions to help people live and work together. Certain rules can be established at home, school, or the workplace, and often vary depending on the person creating the rule or the conditions and circumstances.
For example, two families, Family A and Family B could have the same rule that homework must be finished before their children can watch TV. However, if this rule is broken in Family A, the children lose TV privileges for a week, but if the rule is broken in Family B the children don’t receive their weekly allowance and have to do an extra hour of chores.
Because rules are personal in nature, the makers of rules can be flexible in establishing the consequences for breaking them. As in the above example, the same behavior can lead to different consequences depending on the situation and the people involved.
- LAW is a set of legal rules designed to help keep order, protect property, and keep people safe.
- Laws are created and established by the government and hold everyone to the same standard.
- Unlike rules, in most cases, the consequences for breaking a law are pre-determined and do not vary based on the conditions or circumstances.
The consequence for breaking a law can be a criminal conviction, penalties such as paying a fine, community service, or jail time. Also, when you break the law and are convicted, the government creates documentation of this conviction in the form of a “record” that is kept public and allows people and institutions such as employers, banks, colleges, and the armed forces to view your record at any time.
RULE | LAW | |
What are they? | set of instructions which tells us the way things are to be done | set of instructions which tells us the way things are to be done |
Who creates? | Individuals | Government |
Who enforces? | Individuals creating the rules | Police and Prosecutors |
Consequences? | vary depending on the rule | pre-determined |
Determination of Consequences? | Conditions and Circumstances of the Behavior or Act | Behavior or Act itself |
Nature of Consequences? | Flexible | Rigid |
Different laws exist for specific areas such as driver’s licenses, alcohol, tobacco and drugs, employment, school, parent’s rights and responsibilities, marriage, guns and weapons, contracts, and voting. Stay connected to our weekly blog to learn more information about these and other legal topics!
What makes a rule a law?
rule of law, the mechanism, process, institution, practice, or norm that supports the equality of all citizens before the law, secures a nonarbitrary form of government, and more generally prevents the arbitrary use of power. Arbitrariness is typical of various forms of despotism, absolutism, authoritarianism, and totalitarianism,
Despotic governments include even highly institutionalized forms of rule in which the entity at the apex of the power structure (such as a king, a junta, or a party committee) is capable of acting without the constraint of law when it wishes to do so. Ideas about the rule of law have been central to political and legal thought since at least the 4th century bce, when Aristotle distinguished “the rule of law” from “that of any individual.” In the 18th century the French political philosopher Montesquieu elaborated a doctrine of the rule of law that contrasted the legitimate authority of monarchs with the caprice of despots,
It has since profoundly influenced Western liberal thought. In general, the rule of law implies that the creation of laws, their enforcement, and the relationships among legal rules are themselves legally regulated, so that no one—including the most highly placed official—is above the law.
- The legal constraint on rulers means that the government is subject to existing laws as much as its citizens are.
- Thus, a closely related notion is the idea of equality before the law, which holds that no “legal” person shall enjoy privileges that are not extended to all and that no person shall be immune from legal sanctions.
In addition, the application and adjudication of legal rules by various governing officials are to be impartial and consistent across equivalent cases, made blindly without taking into consideration the class, status, or relative power among disputants.
- In order for those ideas to have any real purchase, moreover, there should be in place some legal apparatus for compelling officials to submit to the law.
- Not only does the rule of law entail such basic requirements about how the law should be enacted in society, it also implies certain qualities about the characteristics and content of the laws themselves.
In particular, laws should be open and clear, general in form, universal in application, and knowable to all. Moreover, legal requirements must be such that people are able to be guided by them; they must not place undue cognitive or behavioral demands on people to follow.
Thus, the law should be relatively stable and comprise determinate requirements that people can consult before acting, and legal obligations should not be retroactively established. Furthermore, the law should remain internally consistent and, failing that, should provide for legal ways to resolve contradictions that can be expected to arise.
Despite those basic features, however, there has never been a generally accepted or even systematic formulation of the rule of law (but not for lack of attempts by jurists and political philosophers). The idea that the law should contribute to beneficial ways of channeling and constraining the exercise of public power can be interpreted in different ways; such differences are especially apparent over time and across different polities.
What is the meaning of a rule or law?
Definition of rule of law – noun the principle that all people and institutions are subject to and accountable to law that is fairly applied and enforced; the principle of government by law. QUIZ WILL YOU SAIL OR STUMBLE ON THESE GRAMMAR QUESTIONS? Smoothly step over to these common grammar mistakes that trip many people up. Good luck! Fill in the blank: I can’t figure out _ gave me this gift.
What is the difference between rule and rule of law Brainly?
A law starts off as a bill, and must go through a series of checks, balances, and votes in order to become a law. Rules are merely set and adjusted as the need arises, and should be followed out of respect for those setting the rules. Rules help us learn to prepare for living in society.
What is another word for rule or law?
Some common synonyms of law are canon, ordinance, precept, regulation, rule, and statute.
What is an example of a rule of law?
Will A. Gunn I believe that one of the greatest strengths of the United States is that the overwhelming majority of our citizens support the concept and process of being a nation that adheres to the Rule of Law and to rules of law. I had long thought this on a subconscious level, but I really started to reflect on it as ground truth when I was first assigned to the Pentagon a few months after the attacks of September 11, 2001.
- As I walked the Pentagon’s corridors, I would sometimes pass by a plaque with words President George W.
- Bush had spoken on the evening of September 11 th,
- The plaque stated: “Terrorist attacks can shake the foundations of our biggest buildings but they cannot touch the foundation of America.” While some may disagree, it occurred to me that the Rule of Law, as one of this nation’s greatest ideals and aspirations, is the foundation of America.
As we approach Law Day 2021, questions loom as to where the United States stands today with respect to the Rule of Law ? As I write, America faces legal restrictions brought on by a global pandemic; racial justice protests and demands for police and criminal justice reform sparked by the killing of George Floyd, Breonna Taylor and other African Americans; and the unanswered questions in the wake of the January 6, 2021 violent insurrection at the U.S.
Capitol which was promoted by conspiracy theories and doubts about the integrity of the 2020 Presidential election. As a result, this is a good time to consider the extent to which the Rule of Law in America has been shaken and how the nation is being shaped by these challenges. It’s also a good time to consider how we can advance the Rule of Law in this environment.
The World Justice Project describes the Rule of Law as a ” durable system of laws institutions, norms and community commitment that delivers: accountability” (for government and for individuals), “just lawsopen government and accessible justice. ” In 1776, in his pamphlet, Common Sense, Thomas Paine boldly proclaimed that in America ” law is king,” In making this statement, Paine was drawing a contrast on the one hand between systems in which a single individual can rule according to their whims, with, on the other hand, his vision for America wherein we would have a Constitutionally based government with checks and balances and in which everyone is subject to legal protections and safeguards.
- The Rule of Law permeates all aspects of American life.
- For example, we have traffic laws that let us know who has the right of way and we have environmental laws and regulations that tell us what we are allowed to put into the ground, air and water.
- In addition, during the midst of the Covid 19 pandemic, most of us have been impacted by public health restrictions on where and how we can congregate with others.
America’s adherence to the Rule of Law does not mean that our legal system is free from errors as no system influenced and controlled by human beings is ever free from mistakes. A glaring example is that the U.S. Constitution, permitted slavery in parts of the country until the 13 th Amendment was ratified in December 1865 and it denied women the right to vote in Federal elections until August 1920 when the 19 th Amendment was ratified.
- Even when the actual words of the Constitution didn’t pose a problem, there have been several instances in which the Constitution, and other laws and policies have been interpreted in ways that later brought shame on the country.
- For example, in 1856, the U.S.
- Supreme Court ruled in a case called Dred Scott v.
Sandford that people of African descent were never intended to be and could never be U.S. citizens. The nation’s highest court also said that people of African descent, had ” no rights which the white man was bound to respect,” Also, in 1896, more than 30 years after the Civil War had been fought and 28 years after the 14 th Amendment had overruled the Dred Scott decision by granting citizenship to African Americans, the Supreme Court ruled in a case called Plessy v.
Fergusson that states could segregate black people from white people for no reason other than the color of their skin. That decision created a doctrine called “separate but equal” that, while sounding somewhat neutral, was actually a practical and moral farce. However, separate but equal would remain U.S.
law and the basis for segregating school children in parts of the county for more than 50 years until it was overruled by the case Brown v. Board of Education and it would be the practice in public accommodations such as restaurants, hotels and public transportation until the Civil Rights Act of 1964 was passed.
Despite our being a nation rooted in and based on the Rule of Law, there have been other instances in which our legal system has endorsed practices that discriminated against people based on ancestry or in which our government engaged in other practices that did not align with our nation’s stated core values.
For example, in February 1942, a couple of months after Japan’s attack on Pearl Harbor, President Franklyn Roosevelt issued an Executive Order which allowed all persons of Japanese ancestry, regardless of citizenship or immigration status, to be relocated to internment camps.
- In a case called Korematsu v.
- United States, the Supreme Court ruled that the forced internment of Japanese Americans did not violate our Constitution.
- However, years later, Chief Justice John Roberts acknowledged that Korematsu v.
- United States was “gravely wrong the day it was decided.” Also, the late Supreme Court Justice Antonin Scalia said that the decision in Korematsu “upholding the internment of Japanese Americans was wrong” but Justice Scalia added that “it could happen again in wartime”.
Fear and times of national distress—including wartime—place immense pressure on our adherence to national values and to the Rule of Law. For example, after the 9/11 attacks, President Bush authorized so called ” enhanced interrogation techniques ” for questioning detainees who were thought to be terrorists.
Many people describe these enhanced interrogation techniques as torture. One may wonder how a nation that prides itself on a system of laws promoting individual dignity and freedom from self-incrimination, could ever allow other human beings to be tortured. Yet, we did so less than 20 years ago. The events of the past several months have generated fresh inquiries into where America stands with respect to our commitment to the Rule of Law.
The Black Lives Matter Movement sparked an unparalleled examination in this country and across the globe of the American legal system’s commitment and willingness to protecting Black lives. How is it that the “land of the free and home of the brave” leads the world in imprisoning people and how is it that African Americans are vastly overrepresented in the prison population? Also, mandates and restrictions brought on by the COVID-19 pandemic have generated debate about the lawfulness and reasonableness of these restrictions.
For example, former U.S. Attorney General Bill Barr stated in September 2020 that ” other than slavery, which was a different kind of restraint, this is the greatest intrusion on civil liberties in American history. ” While I vehemently disagree with Attorney General Barr’s comparison, he was undoubtedly speaking for some people when he implied that such restrictions were contrary to America’s ideals and acceptable legal norms.
Finally, in the aftermath of the January 6, 2021 assault on the Capitol, which was designed to disrupt Congressional counting of electoral votes in the 2020 Presidential election, Senate Republican Leader Mitch McConnell addressed issues related to the Rule of Law when he stated, “.
- The mob was fed lies,
- They were provoked by the President and other powerful people, and they tried to use fear and violence to stop a specific proceeding of the first branch of the federal government, which they did not like.” Can the Rule of Law sustain the challenges presented by mob violence and by citizens who cast doubt fundamental legal processes? How about when such doubts are fueled by propaganda sown by Presidents and by other people with prominent platforms and positions? Events of the past year have demonstrated that America is still being shaped by the Rule of Law.
While people, including me, may still see the Rule of Law as one of America’s greatest strengths, we can’t afford to take it for granted. Now is the time for fresh examination and for us to seek ways to advance the Rule of Law in the midst of unparalleled challenges.
Will A. Gunn is the 2021 National Law Day Chair, a lawyer, and former officer in the American Armed Forces. He’s had a varied and remarkable career, including appointment as General Counsel of the U.S. Department of Veterans Affairs by President Obama in 2009. According to the Stanford Encyclopedia of Philosophy, “the phrase “the Rule of Law” has to be distinguished from the phrase “a rule of law”.
“The latter phrase is used to designate some particular legal rule like a rule that says we have to file our taxes by a certain date. ut, the Rule of Law is one of the ideals of our political morality and it refers to the ascendancy of law as such and of the institutions of the legal system in a system of governance.” https://plato.stanford.edu/entries/rule-of-law/,
Accessed on February 25, 2021. https://worldjusticeproject.org/about-us/overview/what-rule-law, Accessed on February 23, 2021. Dred Scott v. Sandford, 60 U.S.393 (1857). Plessy v. Ferguson, 163 U.S.537 (1896). Brown v. Board of Education of Topeka, 347 U.S.483 (1954). Korematsu v. United States, 323 U.S.214 (1944).
https://en.wikipedia.org/wiki/Korematsu_v._United_States, Accessed on February 23, 2021. Ibid. https://en.wikipedia.org/wiki/Enhanced_interrogation_techniques, Accessed on February 25, 2021. https://time.com/5846698/world-reactions-george-floyd-protests/,
Accessed on February 25, 2021. https://www.nytimes.com/2008/04/23/world/americas/23iht-23prison.12253738.html, Accessed on February 25, 2021. https://www.sentencingproject.org/publications/un-report-on-racial-disparities/, Accessed on February 25, 2021. https://www.politico.com/news/2020/09/17/william-barr-coronavirus-lockdowns-slavery-416776,
Accessed on February 25, 2021. https://www.npr.org/sections/insurrection-at-the-capitol/2021/01/19/958410118/this-mob-was-fed-lies-mcconnell-rebukes-trump-for-his-role-in-capitol-riot, Accessed on February 25, 2021.
What is the purpose of a rule?
Civic Virtue: Let’s Work Together Rules and laws play a vital role in helping people create societies. Without them, chaos would ensue. This informative book explains how rules and laws provide people with guidelines on how to live in societies and explores how having equal rights and responsibilities makes it easier for society to function well.
What are the 4 principles of rule of law?
There are four principles that help to further articulate the rule of law: accountability, open government, just law, and accessible and impartial justice.
What is called the rule?
: a usually written order or direction made by a court regulating court practice or the action of parties. (2) : a legal precept or doctrine.e. : a regulation or bylaw governing procedure or controlling conduct.
What is the difference between a rule and a law for kids?
rules and laws Rules and are guidelines for how people should behave. They are based on ideas about what is right and wrong. Instructions are also called rules. For instance, there are rules of (how a language works) and rules of a game (how a game is played).
- However, this article is concerned with rules that apply to a person’s behavior.
- Rules are how adults teach children how to behave in society.
- Parents form rules when their child is very young, often to keep the child safe.
- For instance, parents may have a rule that their toddler not run in the house.
- This rule protects the child from falling or getting hurt by something sharp or hard.
Children are also given rules that teach them to respect others. They learn that it is wrong to hit others but that it is good to share with them. As they get older and attend school, children are given more rules by their teachers. They are taught to raise their hand in the classroom and not to speak out of turn.
- These rules teach children how they should behave in school and how to interact respectfully with others.
- Laws are rules that have been passed by a government’s,
- If someone breaks the law, a has been committed and that person is usually punished.
- If a person drives a car faster than the law says the car should be going, that person could get a ticket and would have to pay money to the government.
More serious crimes like murder or robbery cause a person to go to jail. Laws mostly apply to adults. Children may be punished for committing a crime, but the punishment is not as severe. : rules and laws
What is the difference between rule of law and rule by law PDF?
The rule of law — where the law applies equally and everyone is subject to it — becomes conflated with its antithesis, which is rule by law — where those in power can arbitrarily create and apply law as they choose, with no accountability.
What is rule of law very short easy words and simple?
What is the Rule of Law? | Rule of Law Education Centre At its most basic level the rule of law is the concept that both the government and citizens know the law and obey it. A good definition of the rule of law that has near universal acceptance states “most of the content of the rule of law can be summed up in two points: (1) that the people (including, one should add, the government) should be ruled by the law and obey it and (2) that the law should be such that people will be able (and, one should add, willing) to be guided by it.” – Geoffrey de Q.
Walker, The rule of law: foundation of constitutional democracy, (1st Ed., 1988). The relevance of the rule of law, and an understanding of its concepts, has its and the Rule of Law Education Centre uses the to start discussion about the question “What is the Rule of Law?” Central to the wheel and the rule of law is the concept that no one is above the law – it is applied equally and fairly to both the government and citizens.
This means that all people, regardless of their status, race, culture, religion, or any other attribute, should be ruled equally by just laws. Beyond this, the outer edge of the wheel illustrates a number of interrelated principles that reflect the rule of law in Australia, such as the presumption of innocence, and fair and prompt trials.
- These principles can be considered essential elements that contribute to maintaining the rule of law.
- Without these, the wheel would fail to turn and Australia’s rule of law would not continue to be upheld and maintained.
- Another essential element is that these principles and Australia’s rule of law is supported by informed and active citizens.
Without responsible and engaged citizens, society is unable to work together to uphold important principles and values which support our rule of law and democratic society. Judge Culver of the District Court of NSW outlines the essential features of the rule of law.
The Magna Carta established the rule of law and the idea that all citizens, including those in power, should be fairly and equally ruled by the law.The Magna Carta ensured the King is no longer above the law. we are ruled by the law and the law alone, a qualified Independent Judiciary, confidence in Fair Process and the law is known by all
The rule of law is important because a country that adheres to the rule of law results in a society in which: As a result, it can be said that the Rule of Law is more than simply the government and citizens knowing and obeying the law. The Rule of Law involves other ideals, for example that citizens remain active and informed and participate in the creation of just laws which regulate their behaviour and protect human rights.
What is the difference between laws and rules of morality?
Conclusion – Law and morality are related since they both share the same aim of uplifting the moral standards and eventually the life of humans. The main difference between law and morality is that law refers to the set of rules and regulations enforced by the state to regulate the human behaviour in society whereas morality refers to the ethical code of conduct for a human being.
What is the difference between rules and laws quizlet?
Terms in this set (16) laws are something everyone has to follow and rules are something certain people have to follow.
What is the opposite of a rule?
‘Fundamentally, the subordination of the oppressed nations to the major powers is rooted in economic relations.’ What is the opposite of rule?
subordination | submission |
---|---|
compliance | obedience |
submissiveness | deference |
tractability | docility |
biddability | passivity |
What is the opposite of rule of law?
Opposite of state of governance by laws. anarchism. anarchy. lawlessness. mobocracy.
What do you call someone who obeys the law?
Adjective A law-abiding person always obeys the law and is considered to be good and honest because of this.
What is the difference between rules and laws quizlet?
Terms in this set (16) laws are something everyone has to follow and rules are something certain people have to follow.
What is the difference between a rule and a law for kids?
rules and laws Rules and are guidelines for how people should behave. They are based on ideas about what is right and wrong. Instructions are also called rules. For instance, there are rules of (how a language works) and rules of a game (how a game is played).
However, this article is concerned with rules that apply to a person’s behavior. Rules are how adults teach children how to behave in society. Parents form rules when their child is very young, often to keep the child safe. For instance, parents may have a rule that their toddler not run in the house. This rule protects the child from falling or getting hurt by something sharp or hard.
Children are also given rules that teach them to respect others. They learn that it is wrong to hit others but that it is good to share with them. As they get older and attend school, children are given more rules by their teachers. They are taught to raise their hand in the classroom and not to speak out of turn.
These rules teach children how they should behave in school and how to interact respectfully with others. Laws are rules that have been passed by a government’s, If someone breaks the law, a has been committed and that person is usually punished. If a person drives a car faster than the law says the car should be going, that person could get a ticket and would have to pay money to the government.
More serious crimes like murder or robbery cause a person to go to jail. Laws mostly apply to adults. Children may be punished for committing a crime, but the punishment is not as severe. : rules and laws
What is the difference between a law and a rule in sport?
Rules and regulations in organised sports – To participate safely, fairly and effectively, sportspeople must understand the terms used in their sports and adhere to the rules and regulations. They must also manage any risks.
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All organised sports have rules that ensure participants play correctly, safely and fairly. The rules are decided and regulated by the sport’s governing body, National governing bodies affiliate to international federations, which ensure the rules are applied across the world. Depending on the sport, the rules may be known as:
- rules – eg goalball
- regulations – eg motor sports
- laws – eg rugby union
Sport rules also need to reflect the laws and safety legislation of the country in which they are played. In the UK these are decided by Parliament. Laws take precedence over sport rules. During performance, the rules are upheld by officials, The titles of officials vary according to the sport or their specific roles within it.