Issues in Measure of Property - Essay Example

The rule of law - measure of property The rule of law refers to the restriction of the arbitrary exercise of power by subordinating it to well - define and established laws. The rule of law comprises of clearly outlined policies that involves the rights and laws that govern the citizens. This rule is associated with principles like generality, clarity and market values with constitutional rights, freedom and human dignity. The rule of law and measure of property is objected to sectors like employment, innovation, education, social inclusion, climate and energy. The rule of law cannot be directly perceived, but can be clearly outlined through a set of indictors that show the dynamics of these concepts. These indicators should be reliable and based on a sound frame work. They should also be Feasible and linked to data sources; Focused on the interests and justice needs of the people, neutral and administered by unbiased stakeholders. They should be nonjudgmental; track data over time and identify trends, establish benchmarks in key areas and contribute to improve implementation of the basic values of the EU, such as the rule of law, justice and fundamental rights. The rule of law plays a very important role in human life. It brings the value of fundamental human rights. The rule of law ensures respect for human dignity, freedom, democracy and equality. It also creates institutional trust among EU Member states. It eliminates vices such as unfair laws, unequal application of the law, corruption and violation of fundamental rights. The rule of law also ensures justice. People, organization’s and business firms enjoy protection when disputes arise. Fair dispute resolution is attained. Human, economic and social development is also attained through the rule of law and measure of property. Waldron’s also argued that citizens can bring out the best in themselves if their rights and interests are respected and protected. He also stated that the rule of law should protect personal property. The society which fails to protect property rights against legislative restrictions is failing to support the rule of law and the measure of property. Waldron’s argument rejects the idea that the rule of law privileges property rights over other forms of law, but instead claims that the rule of law should endorse the use of legislation to achieve valid social objectives. Waldron’s argument considers some of the implications of the law in economic matters and legislative impacts on property through appropriate balance between private property rights and social-economic legislations. He also enriches and enlivens both historical political thought and legal analysis. This is through relating the rule with John Locker’s theory of property with modern controversies about property. The rule of law endorses natural justice or procedural due process. Waldron argues that these have been neglected in the jurisprudential literature devoted specifically to the rule of law and they deserve much emphasis. These procedural values go beyond elementary principles like the guarantee to unbiased tribunal and the ability to present and confront evidence. The rule of law also gives a chance and the right to argue in court about what the law is and what its bearing should be on one’s situation (Drahos & Ruth, pg. 78). The measure of the rule of law is not the end of it. In order to maintain and further strengthen its leadership position, there is need for high standards of law. These can be achieved through constant innovate measurement and monitoring. However, the process of measuring the rule of law is not an easy task. Justice and fundamental rights is neither easy nor uncontroversial to measure. This is because the rule of law is a multifaceted phenomenon which covers a broad category of values that range from recognition of human rights, including aspects such as access to justice to lack of corruption and aspects of democracy. Another challenge of measure is that the rule of law is not only about black letter law. They are about people’s experiences with the law and how they use the law to improve own lives. Another complication is brought about the social cultural diversity, political and legal differences. However tough may the challenges be to overcome, rule of law is a fundamental aspect to risk being left to intuition. The Waldron’s argument clearly outlines the policy framework to attain the rule of law. The first step is declaration of respect to a given normative principle. Leaving the whole idea at this step will be in vain. The realization of the gap between the words and real actions is a very important step. This will need clearly outlined objectives to facilitate the full implementation of the principle. Waldron also argues that governments which a bilaterally deny legal processes and to individuals or groups of people or punish people for violating orders undisclosed to them obviously violate the rule of law. He also states that people should be able to use the law to guide the behavior. Interference with private property disrupts their reasonable expectations on how they can use their property and unduly depend on their implementations on administrative discretion. ( Waldron, pg. 55). Waldron also advocates for Locke’s theory of property. He claims that people acquire property by homesteading it. One the property is acquired; there is room for transfer by exchange, gift or bequest with others. However, its application is not objected to the life we live today, it may have little or barely any application. People cannot trace back their property to an original act of just appropriation, passed to them through transfers wholly legitimate. In chapter two, Waldron also talks of the aspect of hate speech in the rule of law. He believes that unprotected speech may not only cause harm on the dignity of the minority group but also diminish the public good of inclusiveness that is essential attribute within our society. He outlines hate speech as use of words which are deliberately abusive, threatening or demeaning directly at members of vulnerable minorities with an aim of stirring up hatred against them ( Waldron, pg. 89). In conclusion, the rule of law and measure of property are inter-related aspects. The rule of law defends human rights, giving them the freedom of choice and will. It also advocates for human dignity and respect for personal opinion. The rule of gives a priority to fair trial and legalism in the political system of leadership. It ensures fair trial in court with fair personal defense. The rule of law does not give room for vices such as crime and hate speech. This rule also defends any dehumanizing aspect or behavior. Under the measure of property, it gives a chance to ownership of personal property. This right has no limitations or any interference whatsoever. It is governed by legal a law that ensures the protection of personal property, acquisition and property transfer. Work cited Waldron, Jeremy. The Rule of Law and the Measure of Property. , 2012. Print. Drahos Peter, and Ruth Mayne. Global Intellectual Property Rights: Knowledge, Access and Development. Houndmills, Basingstoke, Hampshire: Palgrave Macmillan, 2002. Internet resource. Ferguson, Margaret W, A R. Buck, and Nancy E. Wright. Women, Property, and the Letters of the Law in Early Modern England. Toronto: University of Toronto Press, 2004. Internet resource. Read More