For
thousands of years, societies have imposed rules or "laws" that tell people what
they can and cannot do. Without rules, anyone could do whatever they wanted, even
if it hurt others and disrupted society. Greek philosophers, like Plato and Aristotle
described this as the "rule of men" versus the "rule of law." Others pointed out
the important difference between "rule of law" and "rule by law." With "rule by
law", governments can make up any rules they wish and are above the law. With
"rule of law" everyone must obey the law.
It
is ironic that in a democracy where all are free and enjoy equal rights, we must
also have equal responsibilities so that the rights and freedom of others are
protected. However, in a democracy, laws must also be fair, clearly defined, and
applied equally to all members of the society -- both citizens and rulers.
Nations
have long relied on treaties and other legal agreements to help them get along
better. In the past century, with two global wars taking place, the need for a
more comprehensive set of international laws became more apparent. International
bodies, like the League of Nations and then the United Nations, were created in
order to provide a forum for countries to work together. An important part of
the UN Charter adopted in 1945 was the establishment of the International Court
of Justice at the Peace Palace in The Hague, Netherlands to help settle legal
disputes between nations. In 2002, the International Criminal Court was established
to prosecute individuals for genocide, war crimes and other crimes against humanity.
More than 100 nations are members and 41 others have signed but not yet ratified
the treaty, but 3 major powers - China, India and the United States - have refused
to participate.
Law
Day, celebrated on May 1, is an opportunity to bring attention to the importance
of the rule of law as a necessary foundation for democracy.
