Scribd
Upload
482 views1 page

Dura Lex Sed Lex: Rule of Law Explained

The Latin phrase "Dura Lex Sed Lex" means "the law is harsh but it is still the law". It originated in the 11th century as a principle of canon law, standing for the rule of law that everyone must follow the letter of the law, including rulers. Lex refers to laws created by men, which can be arbitrary, while Jus refers to natural laws that cannot be changed. Even if a law is arbitrary or unjust, it must still be obeyed for society to function efficiently. However, a law loses its validity if it is unjust in its content or application or to society as a whole. All people must have equal standing before the law without favoritism.

Uploaded by

Zai
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
482 views1 page

Dura Lex Sed Lex: Rule of Law Explained

The Latin phrase "Dura Lex Sed Lex" means "the law is harsh but it is still the law". It originated in the 11th century as a principle of canon law, standing for the rule of law that everyone must follow the letter of the law, including rulers. Lex refers to laws created by men, which can be arbitrary, while Jus refers to natural laws that cannot be changed. Even if a law is arbitrary or unjust, it must still be obeyed for society to function efficiently. However, a law loses its validity if it is unjust in its content or application or to society as a whole. All people must have equal standing before the law without favoritism.

Uploaded by

Zai
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 1

Dura Lex Sed Lex

Dura Lex Sed Lex: Concept and Application The law may be harsh, but it is still the law.
The law may be difficult to obey but it must be therefore complied with because Ignorance of
the law excuses no one, Ignorantia legis non excusat. It is presumed that every individual or
every inhabitant of such nation knows the law.

The phrase Dura Lex Sed Lex originated in the 11th century as a principle of cannon law (church
law) by Bishop Buchard of Worms. It stands for the 'Rule of Law', that is the letter of the law
must be followed by everyone and no one is above the law. A society who strongly believes in
the rule of law is said to be more free from tyranny. If a ruler is above the law, then he can rule
tyrannically.

The Latin phrase uses the term Lex as opposed to Jus. This is important. Lex is a law
created by men, which can often be arbitrary like the speed limit along a certain street. Jus is a
law which exists in the natural order of things and which cannot be modified by the act of a
legislature. For instance, murder of innocents and slavery are always wrong regardless of the
local law. Buchard's principle does not say that the natural law is harsh, but that the law created
by man is harsh.

Even though it may be arbitrary and have no foundation in traditional concepts of


justice, good and evil, for society to function efficiently, each person must obey it. You might
recall that this is the principle reason why Socrates committed suicide after being imprisoned: he
could not turn his back on his country but had to face his punishment.

The Latin principle is objectively right and the legal experts are professionally right as
well when invoking the Latin truism but only by virtue of the following three fundamental
premises: Firstly, that the law is just in its objective content, just for the subject party concerned,
and just to the society as a whole it is mandated for observance. In other words, even but there
is an iota of injustice in the law in conjunction with any of the said qualifying factors, a law may
be difficult to comply with, but an unjust law it remains.

Thus it is that it loses its nature and finality as a law. Example: The E-Vat as a law is unjust
because the very poor and the very rich are taxed same a m o u n t in their purchase of
consumer goods! Secondly, that the law equally applies to all without fear or favor. This simply
means that everybody has exactly the same standing the same basic human dignity and the
basic human rights “before the law. This is the cornerstone of the majesty of the law: it bows to
no one for consideration of power and wealth.

You might also like