[Market Economy Guide] Why the Rule of Law Is Just

The reason Dike, the goddess of justice, is blindfolded

is that everyone is “equal before the law,” without privilege.

The rule of law is a form of governance based on the principle of the “rule by law,” not the rule of men, and it takes as its principle the nondiscriminatory protection of universal human rights under the law, regardless of region, religion, race, or ethnicity. That is why governance by law is just, and why people say, “Law is justice, and justice is law.” In fact, in English expressions related to law, the word “justice” is often used instead of “law,” as in “Ministry of Justice” and “Court of Justice.”

The Concept of the Rule of Law and Justice

Even the right to freedom that individuals ought to enjoy can be justly protected and maintained only within the bounds of not infringing on the freedom of others—that is, only within the rule of law. In that sense, the rule of law is a basic condition that must precede both liberal democracy and the capitalist market economy.

Britain, which established democracy early on, is famous as a country where the rule of law is firmly rooted under the constitutional principle that “even the king is under God and the law.” The following story clearly shows the level of law-abiding consciousness among the British people.

A Traffic Ticket Issued to the British Prime Minister

One day, a car carrying the British prime minister was caught by a traffic police officer for violating a traffic signal. When the officer stopped the car and approached it, the prime minister’s driver rolled down the window and said:

“This is the prime minister’s car. He is already late for a meeting, so please let us go.”

But the police officer paid no attention to what the driver said.

“The prime minister I know would never break the law. Even if it is the prime minister, if a traffic signal has been violated, a ticket must be issued. There can be no exceptions.”

No sooner had the officer finished speaking than he issued a ticket for the signal violation. The prime minister, sitting in the car, felt a little embarrassed for a moment, but he was also pleased by the officer’s unwavering sense of duty. That very day, after finishing his busy schedule, the prime minister summoned the commissioner of the London Metropolitan Police in order to commend the traffic officer. After explaining what had happened, he instructed him to promote the officer specially. But the commissioner firmly refused the prime minister’s instruction.

“Issuing a ticket to someone who violates traffic regulations is simply the proper duty of a traffic police officer. There is no provision allowing a special promotion for that reason.”

At the commissioner’s words, the prime minister had to feel embarrassed once again. But rather than feeling offended or wounded in his pride as prime minister, he instead felt an indescribable sense of satisfaction and pride.

Winston Churchill’s Experience

The image of police officers who never let even a prime minister off the hook for breaking the law, and of a prime minister who is moved by such officers’ attitude rather than resenting it, sounds like a heartwarming scene from a drama. This story is said to have actually occurred when Winston Churchill was prime minister of Britain, and it provides a sufficient answer to why Britain is regarded as a model rule-of-law nation.

In Greek mythology, Dike, the “goddess of justice,” was born to Themis, the goddess of order and law, and Zeus, the king of the gods. Dike is characteristically depicted holding scales in her left hand and a sword in her right. The scales symbolize the fair and strict standard of law, while the sword symbolizes the strict enforcement and powerful authority of the law.

But besides carrying scales and a sword, Dike has one more distinctive feature: her eyes are covered with a blindfold. This signifies that the goddess of justice realizes justice for everyone with fairness, free from prejudice or personal bias. That is why Dike, the name of the goddess of justice, means “law” and “justice” in Greek. In Roman mythology, which was influenced by Greek mythology, Justitia appears as the goddess of justice, and this likewise means “justice” in Latin. The English word “justice” is derived from Justitia.

The Meaning of Equality Before the Law

Just as the words law and justice are derived from the name of Dike, the goddess of justice, law and justice have long been recognized in Western culture as concepts closely related to each other. That is because a law that is applied fairly to all people, regardless of wealth, status, or social rank, can be said to be justice in the truest sense.

Meanwhile, the statement that all people are equal before the law means that everyone is guaranteed the same rights before the law. Therefore, before the law, no one can receive any privilege or preferential treatment, and no matter how evil a person may be, that person must be punished only according to the law and by the law alone.

■ Please remember

Even the right to freedom that individuals ought to enjoy can be justly protected and maintained only within the bounds of not infringing on the freedom of others—that is, only within the rule of law. In that sense, the rule of law is a basic condition that must precede both liberal democracy and the capitalist market economy.

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

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Original title: [시장경제 길라잡이] 법치가 정의로운 이유

Author: Sung-no Choi

Date: 2020-04-06

Source: https://www.cfe.org/bbs/bbsDetail.php?cid=column&pn=9&idx=22537