Friday, 10 Oct 2025
  • Contact
  • Privacy Policy
  • Terms & Conditions
  • DMCA
logo logo
  • World
  • Politics
  • Crime
  • Economy
  • Tech & Science
  • Sports
  • Entertainment
  • More
    • Education
    • Celebrities
    • Culture and Arts
    • Environment
    • Health and Wellness
    • Lifestyle
  • 🔥
  • Trump
  • VIDEO
  • House
  • White
  • ScienceAlert
  • Trumps
  • Watch
  • man
  • Health
  • Season
Font ResizerAa
American FocusAmerican Focus
Search
  • World
  • Politics
  • Crime
  • Economy
  • Tech & Science
  • Sports
  • Entertainment
  • More
    • Education
    • Celebrities
    • Culture and Arts
    • Environment
    • Health and Wellness
    • Lifestyle
Follow US
© 2024 americanfocus.online – All Rights Reserved.
American Focus > Blog > Economy > One Requirement of the Rule of Law
Economy

One Requirement of the Rule of Law

Last updated: March 21, 2025 8:17 am
Share
One Requirement of the Rule of Law
SHARE

There’s a crucial lesson that libertarians might glean—or should be learning—from the current American administration regarding the rule of law. A striking example emerged on March 13, when Ursula von der Leyen unveiled the European Union’s countermeasures against Trump’s hefty 25% tariffs on steel and aluminum imports. (For a deeper dive, refer to “EU and Canada Retaliate after Donald Trump’s Metals Tariffs Take Effect,” Financial Times, March 12, 2025, which includes a brief video of von der Leyen’s announcement.) As the president of the European Commission, she calmly articulated that the EU’s retaliatory tariffs were proportional to those imposed by Trump, highlighting that the trade war initiated by him was detrimental both to businesses and consumers alike. While unilateral free trade would have been the ideal solution for consumers, this measured response starkly contrasts with the erratic, one-man show that characterized the American announcement. However, this is just one illustration of a much larger narrative.

In my view, the rule of law represents the ideal championed by the classical liberal tradition, particularly by thinkers like Friedrich Hayek. It consists of “rules governing the interactions among individuals, applicable to an unpredictable number of future scenarios, and defining the boundaries of the protected realm for all individuals and organized groups,” including government agents themselves (refer to Hayek’s Law, Legislation, and Liberty, p. 457 and throughout). This embodies the principle of governance by laws rather than by individuals.

We are, once again, recognizing that the rule of law is indispensable for safeguarding individual liberty and, consequently, prosperity—at least until we achieve what some might call a liberal or capitalist anarchy, if such a moment ever arises. The erosion of the rule of law tends to lead to arbitrary power, which aligns with the classical liberal definition of tyranny.

See also  Fed Quietly Removes Reputational Risk Rule That Kept Banks Away from Crypto—Industry Insiders Say This Changes Everything

This lesson holds particular significance for Americans, given the unique success of the American Revolution, which may foster a misguided belief that the rule of law can be easily restored if it falters. In contrast, many European nations have witnessed repeated breakdowns of the rule of law in recent history; over the last seventy-five years, numerous countries have oscillated between autocratic regimes, not to mention the upheaval of the French Revolution in 1789. Each restoration of the rule of law was fraught with difficulty and, arguably, only partially successful. The establishment of the European Union aimed to reinforce the rule of law, despite its notorious bureaucracy and overreach. However, it can be contended that the EU has, indeed, shielded its member states from overt forms of tyranny for several decades.

Historically, it was assumed that the rule of law was more robust in America than elsewhere. Today, however, it appears that the rule of law faces its most significant threats within the United States. Many Americans remain oblivious to this reality, mistakenly believing that the path to tyranny closes when a strongman of their liking is in charge. We must not forget that despotism is a potential reality here as well.

Even in its imperfect state (which is not merely a façade of legality), the rule of law is preferable to unrestrained arbitrariness, albeit with two critical caveats. First, the rule of law must permit a certain level of principled civil disobedience, but this should originate from the governed, not those in power. Second, revolution may be justified when it is necessary to dismantle a tyrannical regime and establish the rule of law, rather than merely replacing one arbitrary rule with another.

See also  The Problem With Economic Planning

So, how can we preserve the rule of law? A universally acknowledged condition, deeply rooted in the classical liberal tradition and institutional economic analysis, is the independence and security of judges. Up to a certain point, judicial decisions can be appealed, but until that moment, one judge has the power to halt the machinery of a powerful state. (Refer to Bertrand de Jouvenel’s On Power.)

This requirement is paramount, despite a White House deputy press secretary’s declaration that “rogue judges are undermining the will of the American people.” One could wager she hasn’t delved into Jean-Jacques Rousseau and lacks insight into her assertions, yet her comments reveal the prevailing atmosphere. If, or when, the “will of the people”—a phrase invoked by several high-ranking officials against independent courts—turns against them, one judge could be the bulwark standing between them and “the people.” History is replete with examples. Had there been independent courts, Maximilien Robespierre, once a popular revolutionary leader, could have sought judicial protection before his execution by guillotine on July 28, 1794, amid a clamoring mob in Paris.

******************************

"Robespierre guillotined," by DALL-E (with many historical incongruities)

“Robespierre guillotined,” by DALL-E (with numerous historical and technical incongruities)

TAGGED:lawRequirementrule
Share This Article
Twitter Email Copy Link Print
Previous Article Elon Musk’s planned visit to the Pentagon sparks controversy : NPR Elon Musk’s planned visit to the Pentagon sparks controversy : NPR
Next Article ‘Little Beasts’ Is a First-of-Its-Kind Museum Collaboration Reveling in Art and the Natural World — Colossal ‘Little Beasts’ Is a First-of-Its-Kind Museum Collaboration Reveling in Art and the Natural World — Colossal
Leave a comment

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Popular Posts

A bacteria-based Band-Aid helps plants heal their wounds

A groundbreaking study has revealed the potential of using plant Band-Aids to boost healing and…

February 13, 2025

ACIP panel weighs delaying hepatitis B vaccine schedule from birth

The Advisory Committee on Immunizations Practices recently discussed the possibility of delaying the first hepatitis…

September 21, 2025

‘House of the Dragon’ Used Seals, Pigs to Give Voice to the Creatures

In HBO's "House of the Dragon," sound designer Paula Fairfield is the mastermind behind the…

June 8, 2025

TERRIFYING: Dangerous Parasite That Eats Animals and Humans Alive Rapidly Marches Toward America With Help from the Mexican Drug Cartels |

The parasitic fly that harbors the screwworm Credit: Farm Journal YouTube screenshot A perilous flesh-eating…

June 1, 2025

This Penny Stock Is Skyrocketing on a New Crypto Treasury Strategy. Should You Buy It Here?

Super League (SLE) has seen its shares surge over 300% at their peak this week…

September 26, 2025

You Might Also Like

Why Is Wolfspeed Stock Soaring Today?
Economy

Why Is Wolfspeed Stock Soaring Today?

October 10, 2025
When Godzilla Breaks Windows
Economy

When Godzilla Breaks Windows

October 10, 2025
Peter Schiff Describes Bitcoin’s Jump Over 6,000 As ‘Bear Market Rally’: ‘Too Early For Bitcoiners To Get Excited…’
Economy

Peter Schiff Describes Bitcoin’s Jump Over $126,000 As ‘Bear Market Rally’: ‘Too Early For Bitcoiners To Get Excited…’

October 10, 2025
Veteran analyst drops sharp take on GTA 6 hype
Economy

Veteran analyst drops sharp take on GTA 6 hype

October 10, 2025
logo logo
Facebook Twitter Youtube

About US


Explore global affairs, political insights, and linguistic origins. Stay informed with our comprehensive coverage of world news, politics, and Lifestyle.

Top Categories
  • Crime
  • Environment
  • Sports
  • Tech and Science
Usefull Links
  • Contact
  • Privacy Policy
  • Terms & Conditions
  • DMCA

© 2024 americanfocus.online –  All Rights Reserved.

Welcome Back!

Sign in to your account

Lost your password?