The Rule of Law - Answer Guide
| Method | Anarchy: Rule of Physical Force |
Rule of Men |
Rule of Law |
|---|---|---|---|
|
Source of Power in Society |
Physical |
Power backed by military might |
Generally accepted codified set of written laws |
|
Who Has Access to Property Rights? |
Limited to those with the ability to physically take and defend property |
Limited to those connected with the government elite |
Available to all through written due process |
|
How Are Property Rights Acquired ? |
Taken by physical force - possession is ownership |
Granted by those in power - political favoritism |
Granted by the sovereignty of the state through legally-specified process available to all |
|
Enforcement Mechanism |
Individual vigilance, personal policing |
Government protection provided to those designated by the elite |
Government protection available equally to all, as specified by law |
|
Consistency of Enforcement |
Very inconsistent, depending upon physical force |
Limited and arbitrary, characterized by political favoritism |
High degree of consistency, based upon law and historical precedent |
|
Transferability of Property Rights |
Limited by lack of consistent enforcement and no formal proof of ownership |
Limited - requires permission of ruling elites |
Virtually unlimited, aided by if due process |
|
Do Property Rights Encourage Capital Formation? (Source of collateral for loans ?) |
No - instability and uncertainty of ownership |
Rarely. Property rights subject to whim of ruling elite. Future security questionable. |
Yes - Valuable source, based upon security of ownership and freedom of voluntary exchange |