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Comment by nickff | Hacker News Reader

I am not sure that people really comprehend what "the rule of law" means, because the FBI's use of the phrase betrays a fundamental misunderstanding.

From the Oxford English Dictionary (also used in the Wikipedia entry): "The authority and influence of law in society, esp. when viewed as a constraint on individual and institutional behaviour; (hence) the principle whereby all members of a society (including those in government) are considered equally subject to publicly disclosed legal codes and processes."

"Rule of law" is more of a procedural guarantee for the citizenry than an assurance the people will abide by laws.

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Yes. It is used to contrast with "the rule of men."

In Russia, Afghanistan, and Venezuela, the laws don't seem to matter very much; if Putin or the oligarchs/warlords/chavistas want things to be a certain way, there isn't much to stop them despite laws that in theory constrain them. That's the rule of men, as opposed to the rule of law, and it's antithetical to a free society.

"That's the rule of men, as opposed to the rule of law, and it's antithetical to a free society."

Not sure the rule-of-law / rule-of-men dichotomy with regards to measuring a free society is as clear cut.

Civil disobedience, corporate political spending, judicial activism, selective legal enforcement at the local level, federal/state disagreement. These are not all good or all bad things.

Rule of law is generally necessary, but not sufficient, for freedom, so far as we know human nature. Rule of men is capricious.

Laws that are written up and known ahead of enforcement, and that are enforced fairly and impartially - that's rule of law. But the laws themselves may be unjust or otherwise problematic.

That is, this is a lawful / chaotic axis, not a good / evil axis.

You can add US and Europe to that list. Just change Putin and friends with "Bank-Name" & friends and you're good to go.

It's a similar but lesser problem. They can break financial laws but it stops there.

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