Martin Finch is a Trial lawyer with over 40 years of experience in both criminal defence law and civil litigation. He has also worked at Crown Counsel, taught law, and through his years as a Bencher with the Law Society of BC helped guide the rules lawyers must follow in British Columbia. Living and working in Chilliwack, Martin has seen firsthand how important the law is to everyday life.
In this article, he explains what the Rule of Law means and why it is so important for all of us. He also talks about what happens when people, even those in power, don’t follow the law — and why that can harm our society.
Why Do We Obey the Law?
This is a question which necessarily raises further questions: do we really need to obey the law? Are they not just made-up rules that we impose on ourselves and others?
These questions are profound and yet strangely simple. They are the questions our children ask us and, as parents, we may offer simple explanations based on history, custom, and a general sense of what people should and should not do. The explanations are complicated, however, when we see politicians and the obscenely rich not obey the law, seemingly without consequence.
Contemporary national and international affairs, such as the imposition of tariffs without legal authority or the imprisonment of individuals without due process, cause us to reflect on why there seems to be so much confusion and inconsistency in the law and who it applies to. We are living in a time where it seems like every day there is a new example of a billionaire or politician (or both!) completely disregarding the Rule of Law.
Why the Rule of Law Matters
Absent laws, society could not function in the way we expect it to. Our expectations for protection of ourselves, our families, and our property would be reduced to a primitive war-based organization of relations with others. To protect these fundamental interests, we have a rules-based system of social organization. For these rules to be followed, everyone needs to know that they apply to both themselves and everyone else. This we call the Rule of Law.
The Rule of Law is in part understood through the notion of a social contract between the individual and the state. By agreeing to compliance with the law, the individual obtains the protections and benefits of the law which, in our case, creates the legal entities of Canada and British Columbia. While those who were born in Canada simply impliedly agree to obey Canada’s laws through being citizens, immigrated citizens to Canada actually swear an oath which, among other things, promises compliance with the laws of Canada.
If compliance is a concept of agreement with the state, then in order for the state to uphold its end of the bargain (providing structure and security to those who comply) it is reasonable to expect that all members of the social contract will comply with the same set of laws, and that all members will be equally punished for not following these laws.
How the United Nations Defines the Rule of Law
The exact definition of the Rule of Law has been articulated by the United Nations: it is a principle of governance in which all persons, institutions, and entities, public and private, including the state itself, are accountable to laws that are publicly published, equally enforced, and independently adjudicated, and which are consistent with international human rights.
In short, everyone has access to knowing the law and is equally subject to the law, no matter who they are.
How the Rule of Law Shapes Our Lives
These features of the Rule of Law are what allow our society’s social organization. Armed with this knowledge, we gain certainty in what we and others can and cannot do. This in turn allows us to live our lives and plan our futures with the expectation that certain fundamental realities will continue to exist. Because of the Rule of Law, we expect to be able to maintain and possess our private property. We expect to have freedom of movement without the worry of physical attack. We expect to be treated fairly in the workplace, or to be able to start our own business. We expect not to be detained or jailed without due process.
In short, the certainty that stems from the Rule of Law is what allows us to feel protected in our individual liberty and in our place in society. If the law applies equally to everyone, society can function in a predictable and organized manner. If certain people are allowed to deliberately avoid the law without consequence, chaos and risk follow.
True democracy is founded on the Rule of Law. When billionaires and politicians disregard the law without being penalized, they undermine the fabric of our society. Unhappiness with a law requires political steps to change that law, not a disregard and non-compliance with it. Personal interest and position cannot trump the law, no matter who you are.
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