[Market Economy Guide] Why Government Exists

“Robin Hood-style justice” is illegal in the modern world

Protecting freedom through the rule of law is the foundation of a republic

Robin Hood is a fictional character who appears in English folklore. With his outstanding skill with a bow and his leadership, he drew people to him, formed a band, and established a base in the forest. He then made a habit of stealing from wealthy nobles. Yet if we look at medieval records, Robin Hood was not portrayed as purely righteous or honorable.

Robin Hood was merely an illegal organization

“According to recent stories among the people, in places beyond the reach of English law, such as Sherwood Forest, an outlaw called Robin Hood is said to be leading a band and living by theft,” Ruxford explains.

For quite a long time, Robin Hood was known as a byword for an outlaw. In folklore, Robin Hood is described as “a righteous thief who takes the property of greedy nobles and distributes it to poor commoners,” and is portrayed almost as an alternative to corrupt nobles (the government) who do not care for the people. But where did this assessment of him as an “outlaw,” so different from that positive image, come from? It probably stemmed from the nature of the band he led.

In today’s terms, Robin Hood was essentially the head of an “illegal violent organization.” Robin Hood’s band had neither principles nor any legal basis. The authority Robin Hood enjoyed as the head of the band was no different. In other words, Robin Hood and the group he led were nothing more than an organization based on force, and in that respect they are quite similar to violent groups existing outside the rule of law in the modern sense.

The difference between Robin Hood and government

That is why Robin Hood and his band are clearly different from a government organization. A government is an organization that governs on the basis of law. Put simply, unlike in the age of monarchy, modern people live under the rule of law and have the freedom to choose their country. If they wish, anyone can freely choose to live in a country that suits their circumstances. This is because they are guaranteed the freedom to leave a government they do not want.

The rule of law is the only way for a government to acquire legitimacy and legality. But if one ignores the law and acts to advance the interests of a particular group, that is no different from violence against those who hold different views. Therefore, it is a mistaken interpretation to portray the Robin Hood story as just, as though it speaks for the weak.

In The Republic, the ancient Greek philosopher Plato argued that an ideal state should be realized through rule by philosopher-kings. By the “philosopher,” Plato meant philosophers—that is, the greatest intellectuals of his time. Plato regarded Greek democracy as an unjust and irrational political system swayed by a foolish majority, and he strongly disapproved of it. Accordingly, he believed that philosophers—those possessing reason, intellect, and virtue in equal measure—should govern society as absolute rulers. He believed this was the only way to prevent the minority from being sacrificed to the majority or society from being manipulated according to the interests of the majority.

By contrast, the Roman republic had characteristics sharply opposed to Plato’s theory of philosopher rule. Although centered on the aristocracy, the Roman republic was a highly stable and advanced political system in that it realized separation, balance, and checks on power through laws and institutions, preventing a king or the nobility from monopolizing government and power. It also allowed commoners, not just aristocrats, to participate in politics, thereby preventing political power from becoming concentrated in the nobility.

Philosopher rule and the republic

The Roman republic was basically an aristocratic political system, but it also contained a considerable degree of freedom. Commoners had a fairly strong political voice, and influential commoners were given opportunities for upward mobility. In 451 BC, Rome enacted the Law of the Twelve Tables, the prototype of Roman law, thereby guaranteeing equality before the law. Because the freedom and rights of commoners steadily expanded in this way, Rome was able to achieve both political stability and social prosperity during the republican period.

What Plato’s theory of philosopher rule lacked, but the Roman republic had, was precisely the concept of “freedom.” Here we can find the role of government. In other words, the reason for the existence of government is to protect the freedom of the people on the basis of the constitution.

● Please remember

The rule of law is the only way for a government to acquire legitimacy and legality. But if one ignores the law and acts to advance the interests of a particular group, that is no different from violence against those who hold different views.

Sung-no Choi, President, Center for Free Enterprise (CFE)

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Original title: [시장경제 길라잡이] 정부가 존재하는 이유

Author: Sung-no Choi

Date: 2019-11-25

Source: https://www.cfe.org/bbs/bbsDetail.php?cid=column&pn=11&idx=22085