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What are the advantages and disadvantages of the rule of law?
In a society ruled by law, the law has absolute authority, and all behaviors and interactions have definite patterns to follow. People determine their own behavior under the guidance of law, and people can use the law to predict the behavior of others and the results of their own and others' behavior. People's legitimate expected interests can be realized, and people's rights and interests can be compensated through use. Many social lives are carried out in an orderly, peaceful and stable way in the legal order, and people enjoy the stability and security brought by the law.
2. Defects of the rule of law
Although the law can establish a social order that people generally follow, it is its advantages that often become its fatal shortcomings. A certain stability, persistence and continuity of order often means a certain conservatism and lag. With the complexity of social life and social changes, the colorful world cannot be completely framed by limited rules and regulations. Existing social rules often become out of date because of social changes, and the emergence of new situations often cannot find the coping methods in previous books.
1. The benefits of rule by man
People's subjective initiative is a good way to understand the changing world. Society is progressing and people are developing. Although the past rules can't meet the needs of reality, people can adjust measures to local conditions in time and keep the consistency between understanding and reality to the maximum extent. Giving full play to people's subjective initiative can maximize individual justice according to the changing real life and the different characteristics of applicable objects, so that the social justice pursued by legal norms can be effectively distributed, which is conducive to alleviating the internal tension between the stability and adaptability of legal norms and making the law more dynamic. In this regard, case law countries have maintained good social adaptability through the special supplementary mechanism of statute law and the inherent balance of case law to common law. The formation and formulation of rules need complicated procedures and a long time, so the rule of law becomes dim in a rapidly changing world. "The boat is so small that it can easily turn around." Individuals are always sensitive to social changes, always quick in reaction and always concentrated in will. Personal decision-making does not need complicated procedures and time, and can keep up with the changes of the times.
2. The shortcomings of the rule of man
As a model of social governance, it should be generally accepted and recognized by everyone. Rule by man must be a will expressed by individuals. To what extent can this individual will be consistent with everyone's will? There are always differences between individuals, and personal decisions may not meet people's needs. In a society ruled by men, everyone's fate is tied to individual hands, and the fate of many people is often changed by the personal joys and sorrows of those in power. People have no reasonable expectations for their own destiny and future, and live in a state of fear all day long. The orders of those in power are constantly changing, and people's actions are completely guided by the speculation of the personal will of those in power. Therefore, the rule of man is often full of dangers. Rule by man tends to be autocratic, which often damages people's reasonable expectations and often does not meet people's psychological needs for stability and security.
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