Political life as a response to man’s imperfection rather than as a condition of his perfectibility

Abstract

Law is one of the earliest inventions since man started living in societies. This is evident if one looks through history books and observes the existence of laws in Ancient Egypt around 3000 BC all the way to the period of the Roman Empire around 753 BC. But why did man feel the need to introduce a system of rules which restricts his freedom and dictates what he can and cannot do? A number of philosophers have attempted to answer this seemingly elusive question, with different opinions as to whether law is a welcome requirement in order to maintain peace and tranquillity among human beings or whether it is merely a tool in the hands of the powerful few to control their subjects. Chapter I thus begins with an analysis of man and law in the state of nature. Throughout this Chapter, the focus will be on whether humans can co-exist in a state without man-made laws, positions, and careers, or whether this would lead to a point where they will eradicate themselves through violent struggles and endless conflict. Chapter II then delves into the nature of positive law. This necessitates an overview of legal positivism, culminating in the debate between Hart and Dworkin. Furthermore, characteristics of man-made law will be outlined. Chapter III concerns a study of the process of overcoming tyrannies and replacing them with democracies in order to determine how the pinnacle of man-made law (that is, rule of law) and democratic constitutions separate the powers of the state and hold the authorities accountable for their actions in order to ensure that the power that the same law grants them is not abused of. Finally, Chapter IV applies what the previous Chapters analysed into context by observing the relationship between the law and politics.