Philosophy of Society

Philosophy of Law

Principles of Law

For the law to fulfill its role and establish sound legal relationships, adherence to the following principles is essential:

• Rule of Law: This legal doctrine asserts that no individual or institution is above the law and that its principles must be upheld by all. The rule of law embodies the belief that law is the highest regulator of human relations, and its norms and obligations cannot be questioned. The state does not create law but rather implements and enforces it; no official, even if they are a member of parliament or a president who enacts or signs laws, is the creator of law. Law exists as a superhuman, superstate, and supersubjective reality, and all individuals must embody legal norms according to their social status. The rule of law renders the state a legal entity, whereas its absence transforms it into a totalitarian system. Only by acknowledging the inviolable value of the rule of law can one speak of a democratic order, a market economy, and the realization of human rights and freedoms.
• Legal Consciousness: This refers to the awareness among legal subjects of the importance and necessity of adhering to legal norms. A society where members highly value the law is capable of building democracy, a developed economy, and ensuring the well-being of all its members. Conversely, a society with low legal consciousness is doomed to poverty, instability, low living standards, and dictatorship. Fostering responsible citizenship, capable of respecting others, honoring nature, promoting personal and communal welfare, and developing state and societal institutions, is possible only through cultivating high legal consciousness.
• Quality Legislation: Law cannot remain abstract; it must be embodied in written and duly enacted statutes. For legal subjects to comply with and execute the law, statutes must be written in clear language and communicated to all. A law unknown to the public is ineffective, as citizens cannot comply with what they are unaware of. The principle "ignorance of the law is no excuse" does not grant the government the right to neglect the necessity of legal education. The state must ensure that citizens are educated about their rights and obligations, the relationship between the state and society, and the interactions among legal subjects. This is particularly crucial in Ukraine, which suffers from extremely low legal consciousness due to the devaluation of law during the Soviet era. Addressing this crisis is an urgent task for Ukraine as it navigates the challenging path towards establishing a rule of law, civil society, market economy, and European living standards. Only those nations that have created high-quality laws and meticulously enforced them have succeeded in building effective political and economic systems.
• Professional and Honest Lawyers: Only a professional approach to law and dedication to its principles can ensure high-quality legal relations and adherence to living standards. For such an approach to be possible, there must be specialists with strong legal education and a commitment to their profession. The state must prioritize the quality training of lawyers and instill high values in them.
• Effective Law Enforcement Institutions: Since not all members of society exhibit excellent legal consciousness and may be inclined to break the law, the state must have structures capable of ensuring the unconditional enforcement of the law. These structures include the judiciary, prosecution, police, and others. They must be free from corruption and undue influence from individuals or institutions. They should employ coercive measures to enforce the law or administer punishment, but such use of force must remain within the bounds allowed by law.
• Immutability of Punishment: Respect for the law and legal compliance increase when the population understands that punishment for violations is unavoidable. If legal consciousness is low, citizens may seek ways to break the law, not only for personal gain but also out of indifference. An effective means to reduce offenses in such cases is the fear of punishment and the impossibility of avoiding it. Therefore, the state must eradicate any manifestations of corruption in institutions responsible for law enforcement. When citizens understand that judges, prosecutors, and police are incorruptible and immune to pressure, they will have no choice but to strictly adhere to the law to avoid punishment.
• Freedom: Legal compliance can only be demanded from a free individual who can independently make behavioral decisions. Hence, legislation provides exemptions from punishment for those who cannot make such decisions (children, mentally ill individuals). This principle also applies to entire societies. Only in a society characterized by democracy and freedom does legal consciousness flourish. Citizens under dictatorship typically show low respect for the law.
• Justice: Laws must be uniform for all, with everyone equal before the law, without granting preferences to any individual.
• Equality: All individuals have equal rights, duties, and freedoms, and therefore, laws must ensure equal opportunities for enjoying freedoms and impose the same obligations on everyone.
• Humanism: The primary value for legislation should be the human being, and laws exist to make people happy. Legislators must always remember that the ultimate goal of their work is the well-being of individuals.
• Proportionality: Restrictions and punishments established by law must be rationally justified, not exceed the bounds of fairness, and be clearly defined in the law. Excessive punishment, such as life imprisonment for a minor theft, violates this principle. Any punishment for a crime should aim to reform the offender, not to inflict suffering.