That matters little. It's a category error. People say things like "no one is above the law" but that isn't true. Not because of corruption, but because of the nature of politics. Law is downstream from politics and therefore in a very real sense subservient to it. To apply the law to political figures can never be done in a clean or unambiguous way, since it will always support the suspicion of lawfare, which degrades confidence in the law for the rest of us. To preserve the law for the common stock, we can't use law against political figures without debasing the currency of law. It is also the case that trying to constrain political figures using the law is anti-democratic. If the will of the people can be overruled by the shrewd use of legal challenges then you have a juristocracy, not a democracy. The legal system can and will be abused when it is used politically.
Not only is it a category error, it is undesireable. Let them fight it out in the special realm of politics and leave our legal systems alone so we can enjoy their benefits.
> Law is downstream from politics and therefore in a very real sense subservient to it. To apply the law to political figures can never be done in a clean or unambiguous way
This is untrue anywhere that has the rule of law. (One can run a system where the law is secondary to politics. But it doesn't have the benefits of rule of law.)
> To preserve the law for the common stock, we can't use law against political figures without debasing the currency of law
The entire history of the rule of law runs in the opposite direction. Prosecuting current and former politicians strengthens the rule of law. What it weakens, temporarily, is stability. You need strong institutions to take on and survive prosecuting a former politican, particularly a former head of state.
> If the will of the people can be overruled by the shrewd use of legal challenges then you have a juristocracy, not a democracy
You have a republic. Pure democracy doesn't work.
> legal system can and will be abused when it is used politically
Which is exactly what shielding politicians from prosecution causes.
The Roman Republic had this flaw. One of the perks of magistracy was immunity from prosecution. This not only encouraged corruption, it incentivised lawbreaking during office for politcal advantage and ultimately led to the downfall of the Republic when expiring politicians chose violence over losing immunity.
> To apply the law to political figures can never be done in a clean or unambiguous way
Well yes. That's certainly the case when the system is deeply corrupt and only superficially democratic. They shouldn't be above the law nor their opponents should have the power to abuse it.
This is not correct. Very many laws live much longer than the term of a politician. They are as much upstream to politics as downstream to it. A correct way of talking about this is as co-equal branches of government. Also 'politics' lumps together the executive and the legislative branch.
ctrlp|4 months ago
Not only is it a category error, it is undesireable. Let them fight it out in the special realm of politics and leave our legal systems alone so we can enjoy their benefits.
GrinningFool|4 months ago
JumpCrisscross|4 months ago
This is untrue anywhere that has the rule of law. (One can run a system where the law is secondary to politics. But it doesn't have the benefits of rule of law.)
> To preserve the law for the common stock, we can't use law against political figures without debasing the currency of law
The entire history of the rule of law runs in the opposite direction. Prosecuting current and former politicians strengthens the rule of law. What it weakens, temporarily, is stability. You need strong institutions to take on and survive prosecuting a former politican, particularly a former head of state.
> If the will of the people can be overruled by the shrewd use of legal challenges then you have a juristocracy, not a democracy
You have a republic. Pure democracy doesn't work.
> legal system can and will be abused when it is used politically
Which is exactly what shielding politicians from prosecution causes.
The Roman Republic had this flaw. One of the perks of magistracy was immunity from prosecution. This not only encouraged corruption, it incentivised lawbreaking during office for politcal advantage and ultimately led to the downfall of the Republic when expiring politicians chose violence over losing immunity.
qwytw|4 months ago
Well yes. That's certainly the case when the system is deeply corrupt and only superficially democratic. They shouldn't be above the law nor their opponents should have the power to abuse it.
cjfd|4 months ago