The statement “It is not wisdom but authority that makes a law” c brings forth begs my attention regarding the view concerning lawmaking and governance. There is really a lot to ponder about in this statement; what really is the basis of legal systems, how does wisdom play a part in the making of laws, and what is the role of authority in implementation. In this interactive and interesting blog, we are going to look at this quote, specifically, its implications in legal theory, the interaction of authority and wisdom, and how this idea is realized in different legal systems.
Why do you think certain people posture the statement ‘It is not wisdom but authority that makes a law’ Z. Tymoff?
A more simple version of the quote from T. Tymoff is that in law there is no place for wisdom or morality, and it is only by force of will that laws may be imposed. This raises important issues with respect to how laws come about, who makes them, and what makes them valid in the society.
Wisdom vs. Authority: The phrase’s definition notes the difference between wisdom mostly referred to as a mature assessment of man which connotes moral intellect and values and authority which is said to be the ability or right to make or enforce choices.
Law Creation: In understanding the point of the quote we find that laws are more often than not, top-down creations and not really based on that which is just or wise. For instance, governments or ruling bodies have authority to make laws which do not necessarily make sense or even achieve justice.
The Role of Authority in Lawmaking
From this perspective authority is a self-evident feature in every legal structure within which every set of rules is carved out. Wisdom may contribute in shaping laws, however, it is the authority that uses force and action to implement those laws and legitimatises them. There are several factors which constitute the authority of the law:
Legislative Power
The people’s representatives in governments parliaments and other legislative bodies are mandated to make laws on behalf of the people. These bodies maybe composed of the general public evection which has the power to propose, revise and pass laws which govern the people. Some laws may stem from the quest for justice, but others may be politicized or commercialized rather than be about due process.
Example: In democratic societies, the law is created by elected officials through the mandate which has been given to them by voters. Such a system allows the existence of lawmakers even if the laws they make are not prudent or fair in the eyes of the society’s citizenry.
Legal Systems and Jurisdictions
Legal systems including LN, common LN, civil LN and religious legal systems operate under different authority concepts. In some instances, authority has been derived from the customs of a society such as the British common law system, and in other instances, authority can be on religious scriptures or a constitution.
Example: In theocratic law system, the legal framework is established and implemented, by religious leaders implementing rules where religious texts are the basis of such laws. Again, these kinds of laws may not make sense in today’s world but they are adhered to because they are backed by expounding beliefs.
Enforcement of Laws
Rule of laws is an abstract concept but laws exist to regulate behavior. The institutions which have the power which is derived from society to make laws obeyed like in most countries lies with the police, the judiciary, or any legal enforcing structures. Swearing of an oath for the law does not warrant allegiance among the people if there is no power to enforce it.
Example: A law may be passed by the legislators but it cannot be redeemed unless the law administration agencies such as the judiciary and law enforcement agencies are present. Assertions made should therefore be made within the parameters of such institutions.
The Importance of Wisdom in Law-Making
For Tymoff, the authority is more important than wisdom by stating all focused, there is still a problem of wisdom in the law making process. Ideal legal systems should be such that laws are formulated in light of wisdom to enable justice, fair play and general welfare of the society. One cannot simply say that because wisdom exists, laws will be likely to gain support, compliance or investment, or be implemented.
Where Law Finds Its Justification
Several jurisdictions have legal comprehension and the ethics influences outline thanks to the philosophers, legalists, and moral rules. Law making wisdom originates by considering societal demands, individual freedoms, and justice.
Example: It was not just made along the hierarchy, but all leaders of the world came together and in all human rights the wisdom came so that society would benefit properly.
The Intermediates of the Law and Other Law Sources
Sorensen & Koro (2000, p.9) – “Even in customary law traditions where the judge is not powerful in a relative sense, wisdom does play a significant role in the validity of the law as applied to factual situations.” In most laws, judges use wisdom in determining the application of law in society to its members.
Example: In countries ruled by common law, the application of legislative acts is limited and more pressure is placed on the judges to conceive the law and apply it.
Moral Authority in Relation to Public Opinion, Its Importance and Functions
In some situations, public opinion may also have an impact on the law; especially in democratic countries, the law can be directly challenged, changed or expelled by the citizens on the grounds of being ill-advised or unfair. While it is true that someone or some institution would have put an initial law, it is also the case that public debate as well as wisdom tends to alter or enhance laws in the course of time.
Example: In the world, there were (and still are) some civil rights statutes such as U.S. segregation laws made at the start by authority figures, however, these laws were eventually nullified through the wisdom of civil rights movements and court rulings.
Wisdom and Authority
In a perfect legal system, on the other hand, laws can be made more satisfactorily where wisdom and authority are healthy. However, this has not always been the case in the history of humankind, examples abound in history where laws that have been pronounced and dictated by authority, has no wisdom nor thought behind it and led to all sort of injustice: and there are And there have been times when wisdom has forced changes on authority and stifling laws have been altered or new laws instituted for the good of all.
Authority-Based Law Making — Outcomes and Examples
Totalitarianism: Dictatorial regimes create law either through the authoritarianism of certain think tanks or authorities, in regard to which considerations of fairness or justice are irrelevant, nor the attitudes of the society. These types of laws lead to the tyranny, absence of rights and widespread misery.
Colonial Laws: Colonial powers always did subvert the laws of the colonized people, even the legal laws, constitutions, and societies of the people. Such legislation stemmed from power but there were many riots and wars because of it.
Examples of Wisdom-Influenced Laws
Civil Rights Legislation: In most democracies inclusive civil rights laws trace their inception from societal wisdom acquired from movement, scholars and even debates. These are remedial laws designed to rectify past injustices and inequalities.
Environmental Laws: With rising awareness about the effects of climate change and destruction of the ecosystem, there have been laws drawn with the help of scientists and environmentalists aimed at conserving the planet.
Conclusion
The question by T. Tymoff that ‘What makes a law is not wisdom, but authority’ seems to place the legal system in a negative light where power is the driving force behind the law. Laws must generally be based on wisdom in order for them to be just and serve a useful purpose, but it is often governments and institutions that impose these laws. Such awareness in resolving the tension between authority and wisdom is useful in understanding the processes of law making, law enforcement, and law change.
In an ideal judicial system, legal statutes would take into account the justice’s justified wisdom and include enforceability too. However, history confirms that the two do not always match in this way necessitating the society to constantly check and oppose laws that are unreasonable but champion the cause for more just and equitable society.
Frequently Asked Questions (FAQs)
What does T. Tymoff’s quote, “It is not wisdom but authority that makes a law” mean?
T. Tymoff’s quote can be perceived that ‘laws’ are made and executed merely because of the might of any one particular authority, but wisdom or moral justice is not necessarily the cause of the ‘laws’. It brings to the surface the significance of force in law systems.
Are the law and wisdom mutually exclusive, and if not, are the law and authority in the legal system mutually exclusive?
In an ideal legal framework, both wisdom and authority should be in support of the law. Whereas authority puts the law into effect, wisdom guarantees the aspect of justice, equity, and overall benefit of the law.
Why should authority take precedence over wisdom when it comes to making laws?
Authority is of utmost importance in the making of laws, for it assists in giving the laws legitimacy and the power of enforcement. In the absence of authority, laws will just remain as simple recommendations without any binding weight. On the other hand, there is some aspect of wisdom that should inform the authority in making such laws.
Does non- eschew legalism include ‘example -wisdom’ law made by way of authority?
Yes there are, there are lots of cases listed in history of the laws done under the enforcement of authority but with great foolishness. Take for example, racial separation laws in the United States and apartheid laws in South Africa; both enforces had the legal backing but were intrinsically immoral.
How is the public in the form of sage wisdom able to mediate the law-making process?
Public wisdom can mediate the law-making processes via social movements, protests, or even through democratic means. More often than not, such initiatives in a democracy are taken up by the general population especially in the case where certain laws are deemed senseless and or inappropriate in a given situation.
Do judges struck a balance between wisdom and authority in making rulings?
Judges are both creatures of statute and wisdom. They must obey documented laws but while abiding by those written rules, there is need to apply wisdom in the application of those rules so that justice is administered fairly depending on how each case is presented.
Are there unjust laws that can be passed by authority?
Certainly, authority can enact legal policies that are unethical. Such endeavors can create laws without wisdom and justice that intensify oppression or abuse various populations.
What norms do legal systems use to integrate authority and wisdom?
Legal systems integrate authority and wisdom with the use of checks and balances, public opinion, judicial review, and legislative reforms. Laws are, as they should be in an ideal scenario, formed by authority (law handling) along with wisdom (ideas of equality and justice).