The Basic Elements of Law
Law is the set of rules that govern the conduct of human beings. These rules are enforceable by governments and social institutions. The practice of law can be regarded as a science, an art, or a combination of both. For example, a state may make laws, while a private individual may make a legally binding contract or arbitrate a dispute.
The concept of law has evolved over time and is a central aspect of our society. It shapes economics, politics, history, and society. It serves as a means of settling disputes and protecting citizens from abuses of power. Despite the evolution of our legal system, there are some essential elements that make up law:
The Rule of Law aims to create a relatively stable set of norms and laws that are publicly recognized. This requires that laws are both proactive and publicly disclosed. And it requires that laws be promulgated well in advance. This ensures that all citizens have access to the law. Furthermore, the Rule of Law aims to ensure that all laws are public and that individuals are obligated to follow them.
Hayek also sought to distinguish the rule of law from the rule of legislation, and argued that the former is less creative and more subject to deliberate control. Hayek further explained that the two kinds of law are not mutually exclusive. The difference between them is in the way these rules are framed.