StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...

Social policy - the rule of law as referring to an ideal condition - Essay Example

Comments (0) Cite this document
Summary
Hayek interprets the rule of law as referring to an ideal condition in which all government actions are bound by general rules that are fixed and announced beforehand. Hayek's ideal is one that can never be entirely realized in practice, but it does provide him with a fundamental standard against which all governments (however democratic) and their policies (however popular) can and must be measured…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER96.8% of users find it useful
Social policy - the rule of law as referring to an ideal condition
Read TextPreview

Extract of sample "Social policy - the rule of law as referring to an ideal condition"

Download file to see previous pages Since the point is to restrain the coercive activities of government, these general rules should not be framed so as to discriminate either against or in favour of any group of persons known in advance-against Jews or Blacks, for example. Laws against speeding lay down general rules of this kind: they apply equally to all motorists, and they do not single out particular individuals (say, BMW drivers) for special attention. Retrospective legislation is likely to violate the rule of law on this interpretation since its victims and beneficiaries usually can be identified in advance. 1
General rules of this kind that are announced in advance are a defence against the arbitrary actions of governments. They are necessary in Hayek's view both for the proper working of the market and for the existence of liberty precisely because they allow individuals to plan their affairs secure in the knowledge that government powers will not be used deliberately to frustrate their efforts. Once governments go beyond the enforcement of certain general rules, their activities inevitably involve the coercion of particular individuals. ...
From this point of view there is no reason in principle why governments should not concern themselves with the regulation of economic affairs. But their interventions should take the form of a framework of laws within which markets can operate, rather than the direction of economic activity by a central authority. 2
Here and elsewhere, Hayek discusses government social and economic policy as if interference with market operations inevitably involves the infringement of liberty. It is not clear why that should be the case. Consider the example raised by Pigou in his review of The Road to Serfdom (Pigou 1944). The wartime practice of directing particular individuals into specific jobs is an infringement of liberty that may be defended for a limited period on the grounds of national emergency.3
This example, the occupational choices of individuals is certainly constrained as a result of government policy. But, from the point of view of those affected, the manner in which they are constrained is no different from the effects of market forces. It seems then that government interference in markets is to count as a coercive infringement of liberty, whether or not it is experienced as such by the individuals concerned. 4
Similar considerations apply to the welfare state. It is entirely proper for governments to be concerned with the welfare of their citizens, provided only that their welfare activities are constrained by the rule of law. The difficulty in discussing 'the welfare state', in Hayek's view, is that the term has no clear meaning. Some of the activities normally included under that heading are unobjectionable and may even 'make a free society more attractive, others are ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Social policy - the rule of law as referring to an ideal condition Essay”, n.d.)
Social policy - the rule of law as referring to an ideal condition Essay. Retrieved from https://studentshare.org/miscellaneous/1503471-social-policy-the-rule-of-law-as-referring-to-an-ideal-condition
(Social Policy - the Rule of Law As Referring to an Ideal Condition Essay)
Social Policy - the Rule of Law As Referring to an Ideal Condition Essay. https://studentshare.org/miscellaneous/1503471-social-policy-the-rule-of-law-as-referring-to-an-ideal-condition.
“Social Policy - the Rule of Law As Referring to an Ideal Condition Essay”, n.d. https://studentshare.org/miscellaneous/1503471-social-policy-the-rule-of-law-as-referring-to-an-ideal-condition.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Social policy - the rule of law as referring to an ideal condition

Rule of Law

... observe with all the rules and regulations in the act. EEOC stated that any individual who believes that his or her employment rights have been disobeyed may file a charge of discrimination with EEOC and an individual, organization, or agency may file a charge on behalf of another person in order to guard the aggrieved person's identity (Federal Laws Prohibiting Job Discrimination Questions and Answers, 2009). Under the EEOC-enforced laws, compensatory and punitive damages may be available if intentional discrimination is found (Federal Laws Prohibiting Job Discrimination Questions and Answers, 2009). The largest class action in the history happened in August 2004 involving 1.5-2.0 million women who have worked at Wal-Mart since 1998...
3 Pages(750 words)Essay

Law and policy for social work practice

...? Law and Policy for Social Work Practice: Looked After Children Introduction Social workers have an official duty towards their service users. Therefore, they should understand the lawful obligations owed to them by their employers in relation to health and safety. The public servants can be sued in the courts of law for giving wrongful information and causing suffering and distress to their clients. However they receive protection from the law when carrying out constitutional duties such as protecting the children (Fortin.et.al. 2012, p. 1423). To provide better health and safety services to the children require all stakeholders to work together according to the laid down policies. It is important for the organizations and individuals...
6 Pages(1500 words)Essay

The Rule of Law

Nevertheless, under all contexts that the concept of the Rule of Law should be applied, it anticipates two major aspects; fairness and equality. The meaning of the Rule of Law can be broken down into different contexts, where the first two contexts adheres to the proposition by Webley & Samuels, 2012, that “The rule of law is a doctrine”, while the third context in which the Rule of Law can derive its meaning, is pitched on the other proposition by Webley & Samuels, 2012, that “The rule of law is a theory”. Thus, the Rule of Law can be applied in the first context to mean “according to the law”. Under this context, the Rule of Law is then applied to mean that no individual, regardless of the social status or the position of power...
5 Pages(1250 words)Essay

Rule of Law - UK law

... of Lords in its duties anent appellate jurisdiction.5 It has always been debated if the somewhat irregular or abnormal circumstance contradicts the precepts on separation of powers. It is like taking exceptions on one person being the prosecutor, the judge and the executioner. The notion has a direct correlation with the principle of implied appeal. As a matter of fact, both are in parallel in that the former is appurtenant to the situation when the justices interpret the law they made while the latter refers to instances when the justices, sitting as a court of course, reverse or modify their own previous rulings. Again, it has to be reiterated here that the newly created Supreme Court will have great bearings on the seeming anomaly...
6 Pages(1500 words)Essay

The Rule of Law

...Rule of Law In today's political conditions is 'the rule of law' of greater importance than ever, or is it simply rhetoric that diverts our attentionfrom the real issues The rule of law is taken very frequently as a widely spread piece of rhetoric, but it can't be disregarded in no way, as it is indeed an extremely significant prerequisite for the establishment and permanence of a free, democratic society. A lot of politicians speak over and over again about the rule of law, and in this way the rule of law constitutes a relevant accessory of their empty political discourse. The rule-of-law topic is a very serious business to think about with the right frame of mind. We should be deeply concerned about the actualization of a true rule...
12 Pages(3000 words)Essay

Rule of Law

... content of the law obscured by layers upon layers of social conditioning by demonstrating how the large areas of legal indeterminacy provide fertile ground for the cooptation of the legal system to reinforce existing power arrangements. Many have posed the question of whether or not the Rule of Law is still applicable in the United Kingdom, given the recently passed anti-terrorism legislation. The Anti-Terrorism Act of 2001 was passed by the Parliament of the United Kingdom in November of 2001, a mere two months after the historic 9-11 attacks on the World Trade Center in New York City. Criticized by many for the undue haste in its passage, with concerns of political pressure being raised, the law in its original form contained passages...
6 Pages(1500 words)Essay

The Rule of Law

During the last decades a lot of money has been spent trying to apply the Rule of Law in countries with undemocratic societies and in underdeveloped countries. The People’s Republic of China is one of those countries. As we can see, the Rule of Law is a very conflictive topic for a lot of people in our present society. We really think that the Rule of Law is very important in order to establish democracy and development in any country. But first let’s see what the Rule of Law is. Tom Glass defines the Rule of Law according to the following concepts: “Government decisions are made according to written law and rules; Government sanctions cannot be made up after the fact (ex post facto); Rules are applied as much as possible cons...
6 Pages(1500 words)Essay

Social policy- policy analysis

It does this by critically analyzing various laws which were enacted and periodically amended to ensure that there are no cases of child abuse in the country. The paper also goes ahead to evaluate how effective these legislations were and the extent to which they safeguarded children.
According to the latest statistics from the police department, there were a total of 21,493 reported cases of child sexual abuse offences in 2011/12. In England alone, the figures for child rapes were estimated at 4,991 during the same period (Owen, 2007). However, the total number of rape cases and rape attempts in Scotland stood at 505 during the same period. Based on this statistics, Scotland seems to be having the highest number of sexual off...
10 Pages(2500 words)Essay

Using the IRAC rule law

Using the IRAC rule law

People always assume that riots and vandalism are not liable for compensation by insurance and the police are also not liable. However, According to commercial property coverage guide a riot is “any disturbances of the public’s peace by more than three people helping each other execute destruction of property and people by use of force and aggression in an unlawful manner”.
According to this rule of law it seems the peoples assumptions are wrong yet the law states otherwise. The confusion here is that for the state to be liable for compensating Eric it must be first be investigated to find out the cause and intention. This is because for the state to compensate Eric, the law states that “the l...
5 Pages(1250 words)Essay

The Social and Cultural Contexts of Deviance

Generally, deviance is a behavior that is seen as harmful, disruptive, or criminal. However, it may come as the result of being statistically unique. This brings into question whether there can be positive deviance. For example, if a student got straight A+ grades, the Underachievers Club may view them like a deviant. As a group, they may place sanctions on them above and beyond what they would the average student. This illustrates the concept that deviance must be seen through the lens of the social or cultural context that it takes place in (Keel, 2008).
Social norms are the types of behavior that are established and maintained by society and are considered to be acceptable. Because deviance is the transgression of a norm a...
9 Pages(2250 words)Literature review

Organization and Functions of Federal Law Enforcement Agencies

Threats may either appear in the form of terrorism or from other intelligence groups or from the espionage. It may arise within the country, against the existing government or social systems. Though most of the federal law enforcement groups are investigative groups, they are not only focused on investigations but stand for the people. One can see that the importance of the federal agencies is growing day by day because the threats from militants and others have considerably increased. Such kinds of federal law enforcement agencies include Federal Air Marshalls, Secret Service, FBI, Untouchables, C.I.A and Federal Corrections etc. The organization and functions of these agencies vary in different fields and can be cited in the fol...
7 Pages(1750 words)Case Study

Decision Making in Health and Social Care

Consumer sovereignty principle illustrates the fact that in a free market economy the consumer is free to consume what he wants. However, the consumer’s sovereignty does not have meaning if he/she is unable to buy what he/she wants. This paradox is solved through government intervention in the provision of those merit goods such as health care and education. On the other hand, agency theory indicates that conflicts between principals (e.g. shareholders or owners) and agents (e.g. managers) occur as a result of the latter misrepresenting facts and misinterpreting information so that resources can be diverted to uses which they regard as more lucrative. Since principals cannot themselves carry out the task of managing the busi...
8 Pages(2000 words)Case Study

John Rawls vs Robert Nozick: Social Justice

It is logical to look at political philosophy within the framework of history and ethics emerging from it. As could be observed, the question of justice, and how we perceive its nature has remained the prime concern throughout history. This will include, among other things, the existence of specific obligations towards each other and towards the state, the existence of natural rights, claims of property/liberty and equality.

In face of this, the Anglo-American political philosophy has seen famous philosophers like John Rowels, Robert Nozick and recently Amritya Sen to focus on issues and arguments concerning the above...(political Philosophy, 2005 pp1)

As political philosophy is about politics mainly, it s...

6 Pages(1500 words)Coursework

Information Security Policy of Organization

In the modern age of information technology, there are many threats created for organizational information. Organizations need a security model that has the capability to handle and secure our information reserves. Technical administrative safety /security measures like security plans, actions and procedures are the general practices for the organizational information security procedures. The attentiveness of producing actions is concerned by the organizations to an appreciably smaller level, on the other hand at the same time these are weighed up as being further efficient organizational actions than technical administrative ones. Information security encompasses organizational features, officially authorized aspects, institution...
6 Pages(1500 words)Research Paper

International Law: Child Soldiers

Using children to fight wars is not only morally abhorrent but very bad very the physical and mental health of the children in question. That is in part why a series of international laws and treaties have come into effect to try to deal with this scourge. But the issue is more complicated than that. While child soldiers are victims of war crimes, they too can also perpetrate serious breaches of the law of armed conflict. Under normal circumstances, individuals who commit such acts, be they combatants or not,2 would be vulnerable to prosecution. However, because children in such situations are victims as well as perpetrators and because of the special protections afforded to children under international law, many have questioned w...
8 Pages(2000 words)Case Study

The Law and the Media

New and complex issues have arisen which demanded fresh understanding and handling of cases involved them. This has resulted in the enhanced development of specialized laws e.g. cyber laws and interpretation of those laws. The same is true with Media Laws. Media has developed much in the last half-century. As it evolved as a profession and more people started to join it, there arose the levels of money involved in it. With this grew the contractual obligations on the parts of parties and concerned laws e.g. patent laws, privacy laws, and copyrights laws, etc. also started to play their parts. With these issues, the role of law in the media industry also reached a new height.
Mathew Fisher, the appellant, joined a band with Mr...
6 Pages(1500 words)Assignment

Law of Contract

For instance, in Partridge v Crittenden, it was held that an advertisement is tantamount to an invitation to treat (Partridge v Crittenden, 1968). However, there are exceptions, where an advertisement is considered to be an offer. An example is provided by the Carbolic Smoke Ball case. In this case, the defendant’s contention that its newspaper advertisement was not an offer was rejected by the court; as the plaintiff had complied with the terms of the offer (Carlill v Carbolic Smoke Ball Co, 1892).

Thus, the advertisement placed by Adams in the local newspaper is an invitation to treat and not an offer, as per the case law discussed above. It is to be determined, whether Adam had formed legally binding contracts...
6 Pages(1500 words)Case Study

Contrast of Two Explanations of Social Disorder in Contemporary UK Society

As the process of urbanization takes off and more people start residing in major cities, the fissures start to appear within the apparent harmonious co-existence. There are several reasons why disorderly conduct on part of individuals and groups takes place. Sociologists have proposed numerous theories explaining this phenomenon.

Erving Goffman was an astute observer of society, who immersed himself in the social environment which he was studying. He carefully observed and recorded the ways in which people’s behavior and interpersonal interactions are carried out in everyday life. He notes that “people perform their social roles and, as they do so, they produce social order through their actions and the regu...
6 Pages(1500 words)Article

European Union Policy: Turkey

...Running Head: European Union.... Topic: European union policy Order#: 377392 Topic: European union policy Profile of Turkey-history, geography and population: “Area: Approx 780,000 sq km (300,000 sq miles) Population: 71.9m (July 2008 est) Capital city: Ankara People: Majority Turks. Minorities recognised under the Turkish Constitution: Jews, Armenians and Greeks. Other ethnic peoples include Kurds, Circassians and Bosnians. Language: Turkish (official), Kurdish Religion: Muslim Currency: Turkish Lira (TL) Government: Parliamentary republic. Membership of international...
9 Pages(2250 words)Case Study

Contract Law: Postal Rule

The judge gave his point, where he describes what a postal rule is. The Postal Rule is an exception to the common rule of offer and acceptance. Under the common practice of contract formation and application, the acceptance takes place only when it is communicated to the offeror. Until and unless the acceptance has not been communicated, a contract cannot be formed between the two parties.
However, the Postal Rule has a different practice when it comes to the communication of the acceptance of the offeree. Under the Postal Rule, the acceptance takes place when the letter is posted, which is contrary to what is usually practiced under the Contract Law in Common Law countries. In the case of Dunlop v Higgins (1848), the law was...
10 Pages(2500 words)Term Paper
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Social policy - the rule of law as referring to an ideal condition for FREE!

Contact Us