Regulation of Raw Politics (CL2)

Rule of Law

Given that the distribution of benefits amongst groups (CL1) is never perceived as fair by all, stability can be maintained in the face of intense struggles by relying on the Rule of Law.

Laws are powerful social-ethical rules that assign privileges, powers, immunities, rights or liabilities amongst groups; and are backed by coercive force. The distinctions in law preserve or adjust the social structure.

All governments are preoccupied with maintaining social order. But that does not mean the rule of law is dependable. Maturation is required for rule of law to mean equality under the law i.e. all laws apply equally to everyone; or to imply legal franchise (universal suffrage, democracy) so that those in charge of law and order can be removed non-violently.

Unpack the THEE notion of «legitimism» further. 

Irrespective of maturity, the groups that get to be dominant in society:

  • write the laws,
  • design any constitution,
  • determine the extent of enfranchisement,
  • appoint top bureaucrats and judges,
  • influence the way judges interpret the law.

All this occurs in ways oriented to maintaining and strengthening their position and power insofar as is possible.

Governing elites must not take this power too far, because…Closed laws perceived as deeply unfair by many, especially in relation to voting, may tip the balance and lead to the (re-)emergence of pluralist turmoil and violence. and the much feared breakdown of law and order.

We often see powerful figures or groups doing a careful dance about each other. This is because disruption of stability with a descent into violence is a fear of all. 

Law and Groups

The regulation of politics by the Rule of Law that leads to sensible differentiation in society or unjust inequalities.

The supremacy of the law applies simultaneously to each and every person and also to society as a whole. So, in regard to the dynamic duality, the Rule of Law L2-Centre is balanced.

The Legitimist Mode is about taking political power away from groups ready to apply raw ferocity to getting benefits. It does so simply by requiring that at least some laws must apply to everyone at all times i.e. the Rule of Law must prevail.

Conversely, Groups seeking Benefits (CL1B) certainly affect the Rule of Law (CL2B).

In a stable society, rule of law and group struggles enable and reinforce each other, so that there is an acceptance of Differentiation in society. If a sense of unfairness and injustice builds, then differences amongst groups are perceived as Inequalities, which become a cause for protest.

Making Changes

This simple two-level model does not give any indication of how and where individuals or the people-as-a-whole come into the picture. Nor is it evident how legitimist regulation will be generated and managed.

Given the need for change and choice in society, individuals must be assigned specific responsibilities and necessary powers to handle societal situations on behalf of the people. As we know, many of those individuals operate within a special institution: government.

This need for change in society forces us to move
from…

● political struggles of powerful groups in a society controlled by laws

to…

● government and the phenomenon of powerful people in society.

Originally posted: July 2009; Last updated: 2 June 2014.