Check 3 - Biosphere and People: The Rule of Law

02/20/21 • 24 min

Anyone following current affairs will see how the rule of law is often stretched to its limit by autocratic leaders seeking to either evade it or bend it to their will - and while this has come to the foreground in the US and UK since 2016, it is a long-running theme in many parts of the world. However the rule of law is not only about holding the powerful to account, it's also about a fundamental feature of life under a functioning government - personal safety.

In this episode we delve into how it has emerged as a principle that requires clear articulation, what difference it makes and where we see versions of it in action.

Talking points:

the rule of law replaces the rule of violence
is an agreement as to how to live
autocracies emerge where constitutions are inadequate
need for independence in judiciary
tension with business - eg with data
international aspect a necessary element
re. the biosphere
Ireland, 13th C Wales, South Africa
adversarial vs inquisitorial justice
truth as therapeutic
law as empowering
law and norms

Great Wikipedia article on the subject:

https://en.wikipedia.org/wiki/Rule_of_law

Stanford SU discussion on rule of law in Hayek:

https://plato.stanford.edu/entries/rule-of-law/#Haye

The late Lord Bingham, who posthumously won the Orwell Prize for literature with his book The Rule of Law, speaks at the RSA in 2010:

https://www.youtube.com/watch?v=XlMCCGD2TeM

No busted pluggers - Aussies make it easy to follow:

https://www.youtube.com/watch?v=0R20U9zkMmg

French TV series, Spiral, on BBC:

https://www.bbc.co.uk/programmes/b0072wk9

Hosted on Acast. See acast.com/privacy for more information.

In this episode we delve into how it has emerged as a principle that requires clear articulation, what difference it makes and where we see versions of it in action.

Talking points:

the rule of law replaces the rule of violence
is an agreement as to how to live
autocracies emerge where constitutions are inadequate
need for independence in judiciary
tension with business - eg with data
international aspect a necessary element
re. the biosphere
Ireland, 13th C Wales, South Africa
adversarial vs inquisitorial justice
truth as therapeutic
law as empowering
law and norms

Great Wikipedia article on the subject:

https://en.wikipedia.org/wiki/Rule_of_law

Stanford SU discussion on rule of law in Hayek:

https://plato.stanford.edu/entries/rule-of-law/#Haye

The late Lord Bingham, who posthumously won the Orwell Prize for literature with his book The Rule of Law, speaks at the RSA in 2010:

https://www.youtube.com/watch?v=XlMCCGD2TeM

No busted pluggers - Aussies make it easy to follow:

https://www.youtube.com/watch?v=0R20U9zkMmg

French TV series, Spiral, on BBC:

https://www.bbc.co.uk/programmes/b0072wk9

Hosted on Acast. See acast.com/privacy for more information.

Previous Episode

Check 2 - Biosphere and People: People and Constitutional Sovereignty

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Sovereignty - we've heard a lot in the UK about both sovereignty, and "taking back control" - but this taking back of control in the context of leaving the EU has so far barely extended to us as citizens. Why and how is the current UK system so paternalistic? What are the roots of the widespread and long-standing political apathy in the UK? What alternative models can we look to for inspiration?

In this episode we examine how the UK's First Past The Post system creates, not least in Boris Johnson, but also Tony Blair and Margaret Thatcher, rulers that are effectively sovereign monarchs, and a citizenry of disempowered subject-consumers. And we explore what it would take for us to assert our sovereignty more effectively.

Talking points:

The planet is ideally sovereign, but to be practical it's people who are doing the doing
Who actually exercises power in the UK?
Centralisation leads to bureaucracy leads to powerlessness
The Welfare System as a case in point
Think Tanks vs. Thinking Tanks
People are perfectly capable, regardless of background
Switzerland's consensual democracy as exemplar
Fragmentation of the UK as an opportunity for this
Hangover of Empire in the current administration
Challenges to active participation
Leadership model in Amazon
Scientific Method, falsification and Karl Popper

Bonus Links:

Sovereignty boffin and Brexit campaigner Claire Fox celebrates the engaging effect that the UK's leaving the EU has had on democratic participation in the UK, and that this is only the beginning - neatly illustrating that for some, Brexit is a gift that keeps on giving, even if for others it is a night - long, dark, damp, and cold - with no promise of morning. Brrr.

Pioneering paediatrician and psychotherapist of family systems D.W. Winnicott's 1949 essay exploring the question of maturity in individuals and society, strongly anticipating themes of systems thinking.

From the In Our Time History Archive - now pieces of history in themselves:

Long history of psychoanalysis and democracy (2002)

Thoughts on the Nation State (1999) - prescient and rather Brexity in retrospect.

Hosted on Acast. See acast.com/privacy for more information.

Next Episode

Check 4 - Biosphere and People: A Constitutional Court

Its decisions are binding.

Just because we don't live in a perfect world doesn't mean we can't improve things. If events surrounding the death of Ruth Bader Gainsburg in September 2020 left you despairing at the US Supreme Court, perhaps the Supreme Court of the UK's blocking of Boris Johnson and Dominic Cummings' attempted prorogation of parliament gave you hope.

However a constitutional court is concerned with interpretation of the constitution into law, not law as such. And as such, it requires a degree of specialism.

Talking points -

It sits above the system of government
The tragedy of Sally Clark, ignorance in power
The need for people who understand
How is law made? vs How does government work?
Diversity of perspective
Eg - Germany, data and social media
What emerges when the constitutional court works
Eg - South Africa escapes dictatorship
US Constitution and separation of powers
Citizen coalition
Gentlemens' agreements and culture of trust
Neoliberalism and culture of exploitation
Loss of ethics across society
Trapped in absurd global monetary system
Delusions in the arena of power
The value of rules and referees

1 in 73 Million - tragic ignorance and Sally Clark

Not for the feint hearted - but if you want an epic survey of how our reality is constructed and why, have a look at Adam Curtis' series Can't Get You Out Of My Head

Republic of South Africa - Court Youtube Channel

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