"The rule of law...means that there is a social consensus within a society that its law are just and that they preexist and should constrain the behavior (sic) of whoever happens to be the ruler at a given time. The ruler is not sovereign; the law is sovereign and the ruler gains legitmacy only insofar as he derives his just powers from the law.
"Before our more secular modern age, the most obvious source of just laws outside the political order was religion. The rule of law of Europe was rooted in Christianity. Long before there were European states, there was a Christian pontiff in Rome who could establish authoritative laws of the church. Rules regarding marriage and the inheritance of property were dictated not initially by a monarch, but by individuals like Pope Gregory I, who passed clear instructions to his delegate Augustine, sent to convert the pagan King Ethlebert of Britain to Christianity."
So much for Magna Carta. The rule of law was established by the Roman Church back in the second century AD.
This wisdom is taken from 'The Origins of Political Power', by Francis Fukuyama, historian and author at Stanford University. (These are the kinds of books my husband reads -- often aloud.) It's useful to look back at history to understand what is happening in most developing countries today. Virtually all human societies were organized tribally, yet over time, most developed new political institutions which included a central state that kept the peace and enforced uniform laws that applied to all citizens.
We take these institutions for granted, but when they are absent or unable to function -- such as in tribal countries like Pakistan, Afganistan and most African countries -- the consequences are disastrous. Democracy cannot exist within a tribal context. Simply not possible.
So, when people are tempted to criticize the church, they would do well to remember the role it played in evolving the democratic societies in which we are privileged to live and prosper.
Tuesday, January 3, 2012
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