// Principle 10 — Institution

Law

Law is a product of politics — and law shapes politics. Laws must define a governing institution's membership, its legitimate authority, how it sets goals, how it operates, and how it makes decisions.

There can be no peace without law. — Dwight D. Eisenhower

Law and justice in positive politics

Law and Politics

The role of law in society

Law is necessary in society to maintain order and stability, resolve conflicts, facilitate economic transactions, and coordinate social change while protecting individual rights. Governing institutions promote behavior toward these shared goals. Think about the myriad laws regarding movement of persons, goods, and services — laws order where vehicles may operate and who can drive them, how companies report earnings, and how stocks are traded. Laws are essential to a functioning society.

While cultural norms and sacred truths embody a community's expectations, law embodies the written delineation of right and wrong. Law prescribes and proscribes behavior. That does not mean that law stands apart from politics — law is the product of politics and law shapes politics in return.

Balancing law and fundamental principles

Balancing is a favorite metaphor in the law. The objective is for no one value to be supreme, to eat up all the others. Politics works to achieve the proper proportion of each value. To maintain balance, institutions need a fundamental law — such as a constitution, charter, or mission statement. Such fundamental law is meant to be an enduring guide, as a north star. Politics will violate fundamental law only at significant risk. Overthrowing fundamental law is revolution — an extremely expensive political act.

Changing circumstances require that laws change and adapt to the needs and values of society. Even fundamental law, like the constitution, needs to be interpreted if it is to endure. In the United States, the Supreme Court has arrogated to itself the function of interpreting the constitution — a function many countries assign to a separate constitutional court. The role of politics has become more obvious in recent re-interpretations of the constitution and in recent changes to state law.

Positive politics may take longer — but we achieve more and have more fun doing it.

Topics

Worldviews Mental Models Institutions Law Authority Community Power Basic Needs Priorities Organization Politics Communication Sacred Truths Governance Citizenship Culture