The word law can describe many different things. It can refer to a specific field of study or a career. But it’s also a general description of the world we live in. While law entails some indisputable facts, it does not explain why they happen. In this article, we will look at the Principles of the Rule of Law.
Formal aspects
The study of formal aspects of law is a relatively new area of legal theory. It focuses on the characteristics of law in a given society. It is particularly relevant to legal philosophy, and other disciplines interested in legal principles and theory. Formal aspects of law also encompass legisprudence, which looks at the ways laws are made and applied at the legislative level.
According to the formalist view, language has the power to restrict power. For this reason, the language of a statute must be strictly interpreted. Formalists believe that a statute or Constitution should be read and interpreted to its plain meaning.
Procedural aspects
Procedural aspects of law are important in interpreting legislation and their implications. They help us understand the intentions and principles of the law and how it affects our lives. They can also clarify the practical consequences of proposed legislation. Without them, we may not be able to evaluate whether a new law would have the intended effect.
Substantive values
Substantive values in law guide the application of law in society. These principles are not procedural rules, but rather important social values that the law seeks to uphold. Good jurists do not forget these principles when analyzing precedents, statutory laws, or concrete cases. A judge’s primary objective is to apply these values to particular cases to achieve the goals of the society.
Substantive equality advocates use post-Aristotelian conceptions of moral equality to promote equitable treatment of minorities and women. They advocate affirmative action to create a level playing field for all.
