Re:In Religious Arbitration, Scripture Is the Rule of Law
by vinceguidry on Wednesday November 04, 2015 @02:38PM
(#10509024)
We don't even have to stay at this level, we could drill down further. How England's system of law differed from Rome's, how their economic system differed and what effects that all had on their politics and the ambitions of would-be tyrants. You both seem to just want to look at the politics. England's common law provided a grassroots bulwark against tyranny, tyrants like to implement legal codes but that ability was limited, constraining important powers like tax collection. Their innovations concerning contracts and charters and financial instruments forced their kings along certain lines. They simply had a more well-developed civic infrastructure that allowed it to heal when damaged whereas Rome's crumbled.
All of these things are connected, they all contribute to rule of law.
The continuous sense does exist, but you have to deeply analyze historical events to ascertain distinguishing factors. You have to have analyzed numerous other countries to see how they play out with different polities, different cultures, different geopolitical imperatives. How the Soviets used law, how the Chinese use it. People find all kinds of ways to collect power. Other people oppose them.
Things are cultural and not just codified. You can't just look at a collection of facts and make the determination. Politics is messy. The concrete sense you're looking for doesn't exist. I've laid out a lot of rationale and historical context to lay out what the terrain of rule of law looks like, how it's threatened, protected, and codified; and analyzed four different countries in four different time periods.
This is a lay hobby of mine so I can't claim any kind of authority here. I could understand if you disagree with my findings. But neither of you have offered up any substantive analysis of your own or your own definition. Just isolated incidents in history with no surrounding context. I try to provide that context and it seems like I'm talking to a brick wall. You can't just cherry-pick events and expect that to be very insightful, all people do when they do that is reinforce their existing beliefs.