The Golden Rule and the Golden Rule of Law What is the most important law? What is the most fundamental of precepts that if it does not exist, the very rule of law does not exist? You may already have an opinion, but before we discuss, lets review what is meant by Rule of Law? The United Nations states that Rule of Law refers to “a principle of governance in which all persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards”. A simpler definition of Rule of Law popular amongst dictionaries such as Merriam-Webster is “adherence to due process of law; government by law”. Yet when it comes to the courts, to lawyers, to judges, magistrates and members of the Private Bar Association, their recollection of this most fundamental of concepts is far from certain, almost vague and corrupt. For example, Blacks 2nd Edition defines Rule of Law in vague and obscure terms as “a legal principle of general application, sanctioned by the recognition of authorities and usually expressed in the form of a maxim or logical proposition”. Nothing about how fundamental it is – The Guiding rule over all law for goodness sake is diminished by the lawyers to merely an ideal, a proposition, a hope or quest. It turns out that Aristotle and other cultures before the invention of the Private Bar Guilds and clubs for lawyers were less vague. For Aristotle was reputed to have written” “It is more proper that law should govern than any one of the citizens upon the same principle.” In other words, that every member of a society are subject to the same set of laws. That no one is above the law. That is simply, precisely what the primary rule of law is. Put more simply, the Golden Rule is the Rule of Law and the Rule of Law is the Golden Rule. Sometimes expressed as the ethic of reciprocity or the ethic of equality, what do we mean by the Golden Rule? It is a feature of law found in sacred texts and scripture throughout every major culture since the beginning of civilization itself. For example: From at least 1800 BCE from the Ancient Egyptian text Tales of the Eloquent Servant we have: "Do for one who may do for you, that you may cause him thus to do." From the 6th Century BCE we have through Confucius Analects 15:23: "Do not do to others what you do not want them to do to you". From the Brahman Mahabharata, 5:1517 we have: "This is the sum of Dharma [duty]: Do naught unto others which would cause you pain if done to you". From the Buddhist work Udana-Varga 5:18 we have “Hurt not others in ways that you yourself would find hurtful” From the Jainism work Acarangasutra 5.101-2 we have "Therefore, neither does he [a sage] cause violence to others nor does he make others do so.". In the Christian New Testament we have under Matthew 7:12, King James Version “Therefore all things whatsoever ye would that men should do to you, do ye even so to them: for this is the law and the prophets." If we have a look at the Ucadia Model, then there are numerous examples as the fundamental importance of the Golden Rule and Rule of Law, such as the ancient laws of Yapa, the indigenous first peoples of Australia such as Book 5 the First Law and the First Law of Truth: 1 This be the First Law of Truth: 2 There is, there was, there has only ever been One Law; 3 All law is equal that no one is above it; 4 All law is measured that all may learn and know it; 5 All law is standard that it may always be applied the same. 6 A law be a rule given by divine instruction; 7 This being the highest law. 8 No lesser law may contradict it. 9 A law be an edict, given by a great council of wise elders and agreed by all tribes; 10 This being the second highest law. 11 No lesser law may contradict it. 12 A law be custom and ceremony over time. 13 This being the third highest law. 14 A rule that is secret cannot be a law; 15 A rule that is unclear in meaning cannot be a law. 16 A rule that cannot be applied cannot be a law. 17 A rule may be written by sign or symbol, 18 But only when spoken at a place of law is it law. 19 A law may be spoken, 20 But only when it is comprehended and agreed is it justice. 21 All people of the same community, 22 Are subject to the same rule of law. 23 All men and women of a community, 24 Are bound to live by the rule of law of the community. 25 No one may be accused except by rule of law. 26 No one may be punished except by rule of law. 27 Where there is no justice, there is no law. 28 Where there is no honor, there is no law. 29 A man or woman who are not taught how to comprehend a law, 30 Cannot be bound by it. 31 Any law that is against such truth cannot be law. blog.ucadia/2013/07/motu-proprio-of-francis-and-why-by-rule.html
Posted on: Sun, 08 Sep 2013 06:49:47 +0000
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