The practice of law is a regulated profession, typically governed by government or an independent regulating body. Typically, lawyers are required to have certain degrees and special qualifications to practice law. These degrees can range from a Bachelor of Laws to a Juris Doctor degree. There are also other, higher academic degrees that can be obtained for the purpose of becoming a lawyer, such as a Master of Legal Studies or a Bar Professional Training Course.
Principles of the Rule of Law
The Rule of Law is the concept of a society where people in authority exercise their authority according to norms established by society. As a result, laws and government policies should be predictable and transparent, and when there is a hint that a government official is acting outside of the law, they should be held accountable through the law.
The Rule of Law is the foundation of international peace, political stability, economic development, and social progress. In addition, the Rule of Law protects fundamental freedoms and protects citizens from arbitrary or violent behavior. It also facilitates access to public services, prevents corruption, and controls abuse of power. Therefore, a strengthened Rule of Law-based society should be considered a key outcome of the 2030 Agenda.
Formal aspects
The study of the formal aspects of law is a relatively new discipline in legal theory. It is concerned with the characteristics of law as it is enacted in a given society. It is the subject of special interest in legal philosophy and legal theory. These features are called desiderata. Another relatively recent discipline in legal theory is legisprudence, which studies the formal aspects of law at the legislative level. Legimatics is a sub-field of legisprudence that studies the use of informatics in legislative drafting.
Throughout history, philosophers and legal thinkers have argued about the rule of law. Dicey stressed the role of the legal spirit, and Aristotle made an analogous observation. Aristotle argued that the rule of law is a creation of political authority. It is dependent on the actions and attitudes of public officials and the nature of government power.
Procedural aspects
The procedural aspects of law are those aspects of law that determine how legal proceedings are conducted. They are intended to ensure that justice and due process are applied fairly. The process is an important part of law, and in many ways, procedural aspects of law make the law more practical. In particular, procedural aspects of law can clarify the practical effects of proposed legislation.
In addition, procedural rules are intended to keep proceedings fair and speedy. Consequently, strict procedural rules impose time limitations on parties and can speed up the proceedings. However, if a party is not familiar with the rules, they may find themselves at a disadvantage in the proceedings.
Substantive values
Throughout history, the Rule of Law has characterized our understanding of justice. This understanding can be further broken down into procedural and substantive values. Legal philosophers such as Lon Fuller have identified eight formal principles of law, including generality, prospectivity, consistency, practicability, and stability. Similarly, ordinary people often refer to the absence of corruption, independence of the judiciary, and presumption of liberty.
In the United States, law is used to order the relations between individuals in a community. It is not, however, reducible to the goodness of its content. Rather, it allows predictable interaction between people while also constraining abuses of power.