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5-4 Law, Business & Government [CH 5
ruled by one; Oligarchy, ruled by a few; Democracy, ruled by a majority; Republic, ruled
by law; and Anarchy which is ruled by no one. Even these five can be narrowed.
At the left is Monarchy or dictatorship and it doesn’t exist in the practical since as
there is a group that puts one of its members up front. A monarch has his privy council of
Earls and Barons, and a Dictator has his bureaucrats or commissars which are the men
Rule of Law: The term behind the scenes. This is not “Rule by One” even though there is one visible leader; it is
'Rule of Law' is taken from rather an Oligarchy.
England. It means that no Oligarchy, which is ruled by a group, is the most common form of government today,
man is above the law and and the most common form of government in history. Most nations of the world today are
that every person is subject ruled by a powerful few, even though they call themselves a democracy.
to the jurisdiction of ordinary On the right is Anarchy, which means without government. A review of history and
courts of law, irrespective of
his rank and position. 'Rule we find that most of the horrendous crimes are committed by people in the name of
of Law' requires that no government, hiding behind the shield of their office and governments; so, the anarchist
person should be subjected decides having no government is a good idea. Yet, this is a mistake. As the ancient Greeks
to harsh, uncivilized or stated “without law there can be no freedom.” Our founding fathers and Constitutional
arbitrary treatment. A state framers agreed and held that some amount of government is a necessary force in any
of order in which events civilized orderly society. In a state of Anarchy, everybody has to guard life, liberty and
conform to the law.
property and the lives of family members. Everyone must be armed, and movement is
severely restricted because one’s property must be protected at all times; protected from
theft and destruction.
Civilized people have always hired someone to do the guarding; a sheriff, a police
Law of Rules: The force, or some branch of government. Once law enforcement was in place, the people were
presence of an arbitrary freer; they could leave their property, work in the fields or shops. In short, the proper
power. When an oligarchy amount of government makes everyone freer.
or despot is in power a There are those who advocate anarchy, not because they oppose government, but
plethora of laws are passed because they do not like the government they have, and want to set themselves up as the
that require conformity and
submission. This is done to government, which leads towards a dictatorship. They use anarchy and its tools for rioting,
assure power is maintained looting, burning and terrorism. Tragically the people will go to those best able to put an end
and opposition is crushed to anarchy begging them to take over and restore order. Even after those they ask have
and presenting an disbanded or defunded their police, thus promoting the chaos and terror. So, the anarchist
appearance of legitimacy. will end his acts of chaos and terror, form a government and grant themselves total power
as an oligarchy; and call it a democratic government. This is what happened in Russia
bringing Lenin to power, and Germany bringing Hitler to power. As such, anarchy is not a
stable form of government but a tool for transition to dictatorship.
Democracy comes from two Greek words; Demos meaning ‘people’ and Kratein
meaning ‘to rule.’ Democracy therefore means the rule of the people; majority rule. This of
course sounds good, but suppose that the majority decides to take away one’s home or
business, or children? Remember that a majority is 50% plus one and your property and
family are at risk. Obviously there has to be a limit. The flaw in democracy is that the
majority is NOT RESTRAINED FROM THEIR EXCESSES. If more than half of the people decide
that they want something, they rule; majority rule.
What of Republic? This comes from the Latin; Res meaning ‘thing’ and Publica
meaning “public”, which combined means the “public thing”; the Law. A true Republic is
where the government is LIMITED BY LAW LEAVING THE PEOPLE ALONE.
America’s Constitutional framers had a clean slate upon which to write. They could
have set up an oligarchy with George Washington as King, and there were those who
approached him to be king, but he refused. The framers also knew and understood history
and chose to establish a Republic with the “Rule of Law”, not the rule of the majority in a
democracy.
Why a Republic and not a democracy? Let’s explain this from the days of the old west.
A posse of 30 riders, a lynch mob, head out to capture a gunman. Upon his capture they
vote 29 to 1 to hang him. He is hung, and democracy has triumphed and there is one less
gunman to contend with. Remember it is the rule of the majority; the LAW OR RULES.
Consider the same scenario in a Republic, the lynch mob of 30 riders apprehend the
gunman and they vote for a hanging. The Sheriff rides up and tells the mob to hold on,
“You can’t hang him. He has a right to a fair trial.” So, they take the gunman back to town,
a jury of his peers is selected, and hear the evidence and defense. It is this jury that decides
innocence or guilt, shall he be hung or set free. The Jury does not even decide by majority
rule, it has to be unanimous or he goes free. The rights of the gunman are not subject to the
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