The Consequences of Failure

  • Rex’s career illustrates attempt to create system of legal rules may miscarry in 8 ways
    • 1. Failure to achieve any rules at all
    • 2. Failure to publicize rules expected to observe.
    • 3. abuse of retroactive legislation: doesn’t allow guide and also undercuts prospective rules since it threatens to change them
    • 4. Failure to make rules understandable
    • 5. Enactment of contradictory rules
    • 6. Rules that require conduct beyond the powers of the affected party
    • 7. Introducing too many and frequent changes in rules that subject cannot orient his action by them
    • 8. Failure of congruence between rules as announced and their actual administration.
  • If fail in one of these eight: no legal system at all.  Government makes kind of covenant, “if you follow rules, you have assurance that they are rules that will be applied to your conduct.

Case study generated by Dentist CalgaryCitizens predicament, when things like Nazi Germany happen and there is drastic and general deterioration in legality. In these situations, no simple principle by which to test the citizen’s obligation of fidelity to law, any more than there can be such a principle for testing his right to engage in a general revolution.   THUS, respect for constituted authority must be kept separate from fidelity to law (Rex’s subjects remained faithful to him as king but not faithful to his law, for he never made any).