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> I resolved to your first paragraph in a response to a sub-comment here, and will not repeat the text. You really didn't, except to offer some hand-waving nat
by bobwaycott 10y ago
> I resolved to your first paragraph in a response to a sub-comment here, and will not repeat the text.
You really didn't, except to offer some hand-waving nature v nurture nonsense and insults that don't elucidate or engage Rawls' ideas at all.
> Rule of law provides a foundation for equality; having a system that treats everyone in a predictable, unbiased, and well-known fashion gives them something they can count on when they plan and engage in all the activities of life. The more your fate rests in the hands of officers acting capriciously, with the power of vague unpredictable rules that you were never aware of, the more difficult and terrifying your life becomes. When you don't have rule of law, who you are in relation to the powerful determines what you can do, and who you can be, thus depriving many (if not most) of opportunity, while subjecting them to the worst form of oppression, embodied by constant terror.
You appear to assume that "rule of law" as an idea provides any guarantees at all that the laws themselves by which one is ruled are at all just, fair, or equitable. It is, at best, foolish to make such an assumption. People living under a lawful regime of unjust laws will find themselves in no better shape than those who toil under a less lawful society. History is replete with such circumstances, including:
- Jews under the rule of law of National Socialism
- former slaves and their descendants under the rule of law of the post-Reconstruction, Jim Crow South
- slaves under the rule of law in every Western colonial/imperial territory, and the pre-Civil War US
- interracial couples under the rule of law before Loving v Virginia
- women under the rule of law throughout Western nations before the advent of equal suffrage
The rule of law provides no innate or guaranteed protection from inequality or injustice. Who you are in relation to the powerful always determines what you can be and do, especially within the context of legally proscribed behaviors. Those who hold power typically make the laws. When the laws are unjust, inequitable, and unfair, the rule of law does nothing to alleviate such a condition.