The Relationship of Law to Politics


Basically, law is the body of rules that governs our lives. Its purpose is to ensure that citizens are able to live safe and productive lives. Moreover, it has the potential to prevent crimes.

Formalism vs legal realism

During the 19th century, the American legal theory of formalism and legal realism interacted with each other. They both sought to rethink the role of the judge and the structure of the court. Both tended to emphasize the empirical approach to legal case studies. The difference between the two is that formalism aimed to create a general theory of law, while legal realism sought to develop a new legal epistemology.

Formalism was based on the idea of neutrality in law. The goal was to create a theoretical framework for the law that could predict the law. In the end, the judge was to be measured based on his or her ability to carry out the law. The system was also closed, creating a veneer of objectivity.

Substantive ideals

Generally speaking, the rule of law has been praised by a host of thinkers. While many jurists think of it as merely a formal ideal, many others see it as more than that. The idea of a legal system that protects individual liberty is certainly an appealing one. However, some legal philosophers insist that the rule of law is a separate concept from democracy.

A Rule of Law is a complex concept that consists of formal and procedural principles. A procedural rule of law, in particular, focuses on the processes by which norms are administered, as well as how a community is governed.

Relationship to political structures

Various government officials have a field day discussing the relationship of law to politics, but the connection is not always clear. Some federal systems place local governments under the authority of state and/or provincial governments. In some cases, it’s a case of relegated powers, while in other cases it’s a case of overriding local preferences.

This isn’t to say that the relationship of law to politics is necessarily a negative. In fact, it can be an opportunity to create synergy, and to better leverage resources, to the benefit of both the government and the citizenry. The aforementioned benefits can be further enhanced through a federal government that is responsive and accountable to the citizenry.

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