Edit: I thought this distinction must have been pointed out somewhere. I see it under Raw of Law vs Rule of Man
Law is Ultimate vs Judge is Ultimate
Just writing up a small idea for reference elsewhere. I think spaces can get governed differently on one pretty key dimension, and that’s who/what is supposed to driving the final decision.
Option 1: What gets enforced by courts, judgeds, police, etc in countries is “the law” of various kinds, e.g. the Constitution. Lawyers and judges attempt to interpret the law and apply it in given circumstances, often with reference to how the law was used previously. Laws can be changed by appropriate process, but it’s not trivial.
Option 2: There is a “ruler” who gets to decide what is right and what is wrong. The ruler can state rules, but then the ruler is the person who gets to interpret their rules and how to apply them. Also the ruler can decide to change the rules. (The constraint on the ruler might be the governed people revolting or leaning i the judge doesn’t seem to rule justly). Small private companies can operate more like this: the CEO just gets final say in decisions, according to their judgment of what’s good.
An advantage of Law is Ultimate is it might protect against the corruption or self-interest than a self-determining ruler could exhibit. It’s also something where different people can be placed in charge of upholding the same laws, and the laws are (relatively) legible.
Advantages of Ruler is Ultimate are:
More sophisticated and nuanced judgment than codified law
More resilient to being gamed and abused
Enforced rules can evolve over time as situations change and ruler gets wiser
Can operate in domains where it’d be very hard or costly to codify adequate laws
Don’t have the same requirements on bureaucracy and process for interpreting and apply the law
Edit: I thought this distinction must have been pointed out somewhere. I see it under Raw of Law vs Rule of Man
Law is Ultimate vs Judge is Ultimate
Just writing up a small idea for reference elsewhere. I think spaces can get governed differently on one pretty key dimension, and that’s who/what is supposed to driving the final decision.
Option 1: What gets enforced by courts, judgeds, police, etc in countries is “the law” of various kinds, e.g. the Constitution. Lawyers and judges attempt to interpret the law and apply it in given circumstances, often with reference to how the law was used previously. Laws can be changed by appropriate process, but it’s not trivial.
Option 2: There is a “ruler” who gets to decide what is right and what is wrong. The ruler can state rules, but then the ruler is the person who gets to interpret their rules and how to apply them. Also the ruler can decide to change the rules. (The constraint on the ruler might be the governed people revolting or leaning i the judge doesn’t seem to rule justly). Small private companies can operate more like this: the CEO just gets final say in decisions, according to their judgment of what’s good.
An advantage of Law is Ultimate is it might protect against the corruption or self-interest than a self-determining ruler could exhibit. It’s also something where different people can be placed in charge of upholding the same laws, and the laws are (relatively) legible.
Advantages of Ruler is Ultimate are:
More sophisticated and nuanced judgment than codified law
More resilient to being gamed and abused
Enforced rules can evolve over time as situations change and ruler gets wiser
Can operate in domains where it’d be very hard or costly to codify adequate laws
Don’t have the same requirements on bureaucracy and process for interpreting and apply the law