Policing the Margins and the Rule of Law

The Concepts

Different Understandings of the Rule of Law

The rule of law is a principle stipulating that law should govern a nation, as opposed to being governed by decisions of individual government officials. It primarily refers to the influence and authority of law within society, particularly as a constraint upon behaviour, including behaviour of government officials. The phrase can be traced back to early modern Britan. In the 17th century, the Scottish theologian Samuel Rutherford used the phrase in his argument against the divine right of kings. ohn Locke wrote that freedom in society means being subject only to laws made by a legislature that apply to everyone, with a person being otherwise free from both governmental and private restrictions upon liberty. The "rule of law" was further popularized in the 19th century by British jurist A. V. Dicey. However the principle, if not the phrase, was recognized by ancient sages and philosophers, such as Aristotle, who wrote "It is more proper that law should govern than any one of the citizens".

Rule of law implies that every person is subject to the law, including people who are lawmakers, law enforcement officials, and judges. In this sense, it stands in contrast to an autocracy, dictatorship, or oligarchy where the rulers are held above the law. Lack of the rule of law can be found in both democracies and dictatorships, for example because of neglect or ignorance of the law, and the rule of law is more apt to decay if a government has insufficient corrective mechanisms for restoring it. Government based upon the rule of law is called nomocracy.

Policing the Center and Policing the Margins

Singapore vs. Norway

The relation between the police, the courts, and the margins of society as the shibboleth of the rule of law.

The Reality: Approximations

Methods of Measurement

Rule of Law can be seen as a gradual phenomenon with different degrees of approximation to the ideal type. Its operationalization poses a number of problems that have been discussed in the political sciences by various authors.

Theoretical Considerations

See also

Kriminalpolitik und Rechtsstaat

Política criminal y estado de derecho

Rule of Law

Singapur