PHIL 2260 Lecture Notes - Lecture 4: Natural Justice, Ex Post Facto Law, Legal Positivism
18 Dec 2013
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Introduction: everyone is subjected to the law, including the king. (even the king is not above the law) Dicey"s 3 elements of the rule of law: ariostotle the law should governed, no one is above the law, dicey makes the phrase more common. No one can be punished or made to suffer except for breaking the law, which must be proven in a regular court (cannot be punished unless you are convicted) No one is above the law and everyone is equal before the law regardless of social, economic, or political status (11th century, the 2 swords theory) Difference between authority (from church and god) and power (emperor) definitely not equal to each other) The rules of law includes the results of judicial decisions determining the rights. Debate on rules come from authority or power. Cannot be punished unless have a legal trial (process) Class-based system, all subjected to the law, equal to the law (but of private persons.
