What Is the Purpose of Law
It seems like a lot of rules, but all of them are important to help protect us in our day-to-day lives.
If you haven’t heard of Hammurabi, you have certainly heard one of his laws: “An eye for an eye, and a tooth for a tooth.” Hammurabi’s Code, a collection of 282 laws inscribed on an upright stone pillar, contains many fundamental legal concepts we would recognize in today’s legal system. In fact, Hammurabi’s reasoning for creating this code is not that far removed from the rationale for our current legal system. In his preface, Hammurabi writes that he sets forth these laws “to bring about the rule of righteousness in the land, to destroy the wicked and the evil-doers; so that the strong should not harm the weak.” Rule of law implies that every citizen is subject to the law, including lawmakers themselves. In this sense, the rule of law stands in contrast to an autocracy, dictatorship, or oligarchy, in which the rulers are held above the law. Lack of the rule of law can be found in both democracies and dictatorships, because of neglect or ignorance of the law, for example, and the rule of law is more apt to deteriorate if a government has insufficient corrective mechanisms for restoring it. If you’ve ever read Alice’s Adventures in Wonderland (or seen the movie), and you can recall the Queen of Hearts yelling, “Off with their heads!” at the slightest infraction or offense, you have some idea of what it would be like to live in a society that is not governed by the rule of law.
Starting in the 1930s, Congress began passing general laws, leaving the details up to administrative agencies. These agencies enforce and interpret their own rules and regulations which, although they have the force of law, have not been ratified by the Constitutional lawmaking authority.