Law and Ethics

Question 13

Introduction3

Bentham's view on rule of law5

Hart's view on Bentham's discussion on rule of law6

The Effectiveness of Rule of Law8

Conclusion10

Question 213

Introduction13

Max View on Natural Law15

Characteristics of Natural Law16

The Effectiveness of Natural Law18

Conclusion19

References21

Question 1

Introduction

The rule of law demands for the commands of government that are in practice according to the written rules, policies and officially permitted laws. The laws and rules that are implemented by the government are clear and well establish. A peculiarity is drawn occasionally among the command, willpower, and force, on one side and law on the other side. When an administrator of government does something pursuant to an articulate condition of a law that is in written form then the government takes actions according to the rule of law. However, when a official of government take action without the imprimatur of Act, he or she does it so by the complete power of an individual's determination and authority (Rothbard 2007). Under the rule of law, no human being may be prosecuted for any act that is not punishable by law. At the same time as the government search for punishing somebody for any crime that was not consider against the law at the point it was committed, the rule of law is dishonored for the reason that the government go beyond its officially authorized ability to penalize. The requirements for the rule of law are that government generally enforces legal responsibility on the permission of their government officials only. Government surpasses its power when someone is detained to respond for an act that was officially permitted at the beginning but was retroactively made illegitimate later. This law is revealed by the exclusion aligned with “Ex Post Facto Laws in the U.S. Constitution”. The rule of law is a bridge for some related grounds when government endeavors to penalize someone for disobeying an indistinguishable and badly worded law. Non-specific laws grant a lot of caution for the authorities of government who are accused with the accountability of putting individuals on trial for unlawful activities (Rothbard 2007). Entrenched and evidently clear laws allow persons, industries, and other bodies to preside over their actions consequently. Prior to the government may enforce civil or illegal responsibility, an act or a law must be written with adequate accuracy and clearness that someone of common brains will be familiar with that definite behavior is prohibited. A court is requested to close down an industrial unit of paint that is releasing noxious waste against the law charge. For instance, the rule of law need the government to make obvious that the industrial unit possessor fail to function the big business according to the agreement with openly acknowledged ecological standard. The rule of law is conception that was explained in conventional era. Aristotle, in Greece stated that law should be considered as the ultimate sovereign and individuals regulation whether it is implemented by an individual or number of individuals (Rothbard 2007). He also wrote that law should only be sovereign for those issues where ...