Encyclopedia_of_Political_Thought

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larly those concerning the role of the state and the idea
that workers should receive the full value of their labor.
Lassalle’s economic and political views were influ-
enced by Hegel and the economist Ricardo. He pub-
lished a study of the ancient Greek philosopher
Heraclitus in 1858. His other writings cover the ques-
tion of rights, economic theory, and political activism.


Further Reading
Bernstein, E. Ferdinand Lassalle as a Social Reformer.St. Clair
Shores, Mich.: Scholarly Press, 1970.


law
An official rule or ordinance of the STATEor govern-
ment, binding CITIZENSthrough threat of punishment.
Common laws punish crime (originating in COMMAND-
MENTSagainst murder, theft, kidnapping, assault, etc.)
and regulate society (laws on marriage, family, prop-
erty, education, etc.). Most state laws originate in
moral and religious precepts (the Bible, the Torah, the
KORAN, the church, etc.).
Government by laws (or the “RULE OF LAW”) has
been an ideal since the earliest political theories. CLAS-
SICAL Greek and Roman thinkers (PLATO, ARISTOTLE,
CICERO) held that laws were made when people were
most reasonable, thoughtful, and deliberate, so they
were more wise and just than the “rule of men” who
could at times be moved by passion, interests, or other
destructive forces. So the rule of law was preferred
over the rule of men. A ruler’s personal power should
be limited by rules and laws so that he or she will not
become a DICTATOR or TYRANT. This contrasts with
another school of Western political thought (also in
Plato and Aristotle) that holds that the rule of the best
persons (the ideal citizen or PHILOSOPHER-KING) is
preferable to legalistic government. To some extent,
the classical REPUBLICAN tradition relies more on the
quality of the citizenry than on formal rules and laws.
The Lockean LIBERAL school (as in James MADISON)
favors formal legislation over the character of citizens.
For Cicero and the Roman Empire, “every wise
thought of the philosophers is encoded in law,” so
ROMAN LAWcan create justice across a diverse EMPIRE
(Lex romana). The British Empire assumes this lofty
view of the British law (Lex Britannia), civilizing the
world; the CATHOLICChurch of the Middle Ages adopts
this view in CANON LAW, as do MODERNAmericans in
CONSTITUTIONALlaw. St. Thomas AQUINASdiscusses pol-
itics in terms of a series of ever-encompassing laws


(divine law, NATURAL LAW, human or positive law). In
this Thomist perspective, God’s eternal law is revealed
in scripture (the Bible) and the natural world (natural
law), and public or state laws must conform to these
“higher laws” to achieve justice.
Modern LIBERALISMsimilarly posits NATURAL RIGHTS
as derived from God and nature; governments are cre-
ated to preserve and protect them (see HOBBES, LOCKE,
and JEFFERSON).
Given the prominence and prestige of law in politi-
cal thought, much study has occurred on how laws are
made, who is involved in forming them, and how they
are enforced. Generally, laws are respected when peo-
ple feel they have had a part in making them (as in a
DEMOCRACYor a REPUBLIC), the rulers carrying them out
are honest and just, and the laws are applied equally to
all. Corruption becomes laws being forced through
without popular CONSENT, or enforced by immoral
leaders, or applied indiscriminately. One solution for
keeping laws effective is the CHECKS-AND-BALANCESsys-
tem of MONTESQUIEUand James Madison, which divides
and distributes legal power and institutions, prevent-
ing their manipulation or misuse. In the United States,
this takes the form of constitutional law (or funda-
mental law, which constricts ordinary statutory law),
FEDERALISM(which divides levels of government), and
branches of government (legislative, judicial, execu-
tive).
A further division of law develops in CHURCH-AND-
STATEtheories, in which CIVIL DISOBEDIENCEto a public
law can be justified on religious and moral grounds.
Modern legal systems now proliferate law into civil
law, criminal law, military law, commercial law, mar-
itime law, administrative law, tax law, and constitu-
tional law. This may explain the emergence of the
philosophy of law and the proliferation of lawyers.

Further Readings
Cotterell, R. The Sociology of Law: An Introduction.London: But-
terworths, 1984.
Dworkin, R. Taking Rights Seriously.Cambridge, Mass.: Harvard
University Press, 1977.
Finnis, J. M. Natural Law and Natural Rights.Oxford, Eng.:
Clarendon Press, 1980.
Fuller, L. L. The Morality of Law,rev. ed. New Haven, Conn.:
Yale University Press, 1969.

Left/Leftist/Left-wing
A designation of a political or IDEOLOGICALstance or
position associated with LIBERAL, SOCIALIST, and COMMU-

Left/Leftist/Left-wing 179
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