Rule of Law Vs. Rule by Law

Rule of Law Vs. Rule by Law-According to Rene David (David & Brierley, 1968) there are four Legal Traditions.

These four Legal Traditions are;

1. Common Law – Such as used in America.
2. Civil Law – The oldest and primary competitor of Common Law such as used in France.
3. Socialist Law – Youngest of the four laws and it is said to be the first to always die out or change (as in Communist Russia).
4. Religious/Philosophical Law – Such as Christian, Islamic, Hindu, Judaic, Buddhism, etc.

This week we studied South Africa and Japan. It can be said that the Rule of Law is an intrinsically moral notion, everyone must obey. While the Rule by Law, even though similar is said to be prudential in nature, leaders mostly excluded.

1. Define the Rule of Law.
2. Define the Rule by Law.
3. Which, South Africa or Japan, if either, is governed by the “Rule of Law” and which if either is governed by “Rule by Law”?
4. Our forefathers founded this country as a Republic, the pledge of Allegiance and other documents say Republic, define a Republic government.
5. Yet we call ourselves a Democratic country, define a Democratic government.
6. Which are we and which do you prefer?

List separately by numbers and answer individually the definitions and questions (6) by number to get full credit. Do not answer in paragraph form. Answers must be numbered.

Answer Preview-Rule of Law Vs. Rule by Law