Rule of law versus Rule By Law: The Problems

Rule of law or Rule by law? These two terms are often used interchangeable. However, these two phrases do not mean the same thing.

Rule of law implies fairness and predictable application.

Rule by law would include the laws that were followed during Hitler's leadership which were not fair and or predictable applied.

I often find that people seem to think many issues are "rule by law". I read a fellow poster who had commented on her child asking if they could be arrested or get in trouble for throwing a snowball at a police officer. The response was vague and seemed to put the issue back on the officer. If he understood he would laugh it off and if he didn't then the child could certainly get in trouble. By all means, this is true. The child said that isn't fair and that you either break the law or you don't. At this point, she seemed to make it seem like the officer made the law on the spot. However, this is not true. It is not legal to throw snowballs at a police officer, at least if they are not engaged in play with the individual at the moment. The real answer should have been "yes you can get in trouble it is against the law." That law is not made on the spot and it is fair and has a predictable application.

I've run into the same issues as teachers when students make threats such as " I'm gonna bring a gun to school and blow your brains out." I have had this threat made multiple times while working and each time myself, school administration took the threat seriously. Typically, this rule being broken requires a suspension. It doesn't matter if the student has been in trouble before or if this is his first time.

For me, both of these are "rule by law" I think the consequence is fair and has a predictable application. I find that many adults now are teaching children that they do not need to respect police officers or other authority figures. I understand that with mainstream media has painted a poor picture of many of these individuals. A majority of them are amazing people we can let a few taint everybody. However, teaching kids that they do not need to respect the law or that officers are creating the law on the spot for the sake of their own satisfaction is only going to make the problem worse. Respect starts with adults and if we can't teach our kids to respect others what do we expect to happen? I would fully expect more violence between the younger generations and officers if we continue this trend of thought. Police officer is not all bad and should respect the law just as civilians should respect the law. If both parties can't do then, in my opinion, we are failing as a society.

My disclaimer is that I have not run into any officers whom I have thought were taking the law into their own hands. Thus, I make the comments from a one sided view. If others have first hand experienced officers using rule by law. I would love to hear about it and expand my knowledge on these issues.

As a side note in areas where people are using "rule by law" then I think it is important to stand up for what you believe in. Slavery is a prime example as it is not fair to everybody involved and should not be stood for.