Broken scales of justice in front of a crumbling courthouse.

Is the 'Rule of Law' Just a Myth? Unpacking Legal Order in the 21st Century

Nico Varela in Law & Justice June 2025 • 4 min read.

"A critical look at how the idealized 'Rule of Law' clashes with the realities of complex legal systems, potentially undermining justice and societal well-being."

For decades, the ‘Rule of Law’ has been the gold standard in legal and political discussions. Any new law or reform, no matter how small, is judged against this ideal. It's become the benchmark for a just and fair society. But what happens when the very system designed to protect us becomes a source of confusion and insecurity?

The concept isn't new; it's been around since the 19th century. However, it has now taken center stage, influencing everyone from legal experts to everyday citizens. Politicians promise to strengthen it, and the media constantly discusses it. But despite its widespread acceptance, a closer look reveals that the ‘Rule of Law’ might not be as solid as it seems.

This article will dive deep into the idea of the ‘Rule of Law,’ questioning whether its idealized version aligns with the real-world experiences of those navigating our legal systems. We’ll explore the gap between the theory and practice, and consider the impact on justice and society.

The Ideal vs. Reality: Why the 'Rule of Law' Falls Short

Broken scales of justice in front of a crumbling courthouse.

The core idea behind the ‘Rule of Law’ is that law should govern all aspects of society. It assumes that the legal system can and should control social order completely. However, this vision often clashes with reality. Social norms, ethical considerations, and practical constraints often operate outside the formal legal framework.

One major issue is that most social interactions occur independently of the law. People generally don't need to consult legal codes to act fairly or respectfully. Personal ethics, community standards, and simple common sense guide daily actions far more often than legal statutes. When the ‘Rule of Law’ tries to encompass every aspect of life, it risks weakening the importance of these non-legal factors.

Overreach: Attempts to regulate every detail of social life can diminish the significance of personal responsibility and ethical considerations.
Complexity: The sheer volume and intricacy of laws can make it impossible for the average person to understand and follow them.
Disconnection: Legal rules may not always align with societal values, leading to a sense of injustice or alienation.

Furthermore, the ‘Rule of Law’ relies heavily on courts to resolve disputes and enforce regulations. However, only a fraction of conflicts end up in court. Most are resolved through informal negotiations, compromises, or simply by letting go. When the legal system becomes too dominant, it can undermine these alternative methods of conflict resolution.

Reclaiming Justice: Beyond the Myth of the 'Rule of Law'

The ‘Rule of Law’ is a powerful ideal, but it's essential to recognize its limitations. By acknowledging the gap between the theory and the reality, we can strive for a more balanced approach that values both legal principles and the importance of ethical considerations, social norms, and individual responsibility. The goal should be to create a legal system that truly serves justice, rather than one that simply perpetuates a myth.

About this Article -

This article was crafted using a human-AI hybrid and collaborative approach. AI assisted our team with initial drafting, research insights, identifying key questions, and image generation. Our human editors guided topic selection, defined the angle, structured the content, ensured factual accuracy and relevance, refined the tone, and conducted thorough editing to deliver helpful, high-quality information.See our About page for more information.

This article is based on research published under:

DOI-LINK: 10.3917/civit.037.0155, Alternate LINK

Title: « Le Mythe De L’État De Droit », « L’État De Droit, Rétrospectivement... »

Subject: General Medicine

Journal: Civitas Europa

Publisher: CAIRN

Authors: Bernard Luisin

Published: 2016-01-01

Everything You Need To Know

What exactly is the ‘Rule of Law’?

The ‘Rule of Law’ is a concept that has been a central theme in legal and political discussions since the 19th century. It signifies that all aspects of society should be governed by law. The impact of this is significant because it serves as the benchmark for a just and fair society, influencing legal experts, politicians, and everyday citizens. Its implications involve striving to ensure legal systems protect people, acting as a guide for new laws and reforms.

Why does a gap exist between the ideal and reality of the ‘Rule of Law’?

The gap arises because the ‘Rule of Law’ in its idealized form suggests the legal system should control social order completely. However, in reality, social norms, ethical considerations, and practical constraints also play significant roles in governing society. For example, people often act based on personal ethics and community standards. The implications are that when the ‘Rule of Law’ tries to encompass all aspects of life, it may diminish the importance of these non-legal factors, leading to overreach, complexity, and disconnection.

What are the potential problems when the ‘Rule of Law’ falls short?

Overreach occurs when attempts are made to regulate every detail of social life. This can diminish the importance of personal responsibility and ethical considerations. Complexity arises from the sheer volume and intricacy of laws, making them difficult for the average person to understand and follow. Disconnection happens when legal rules don't align with societal values, leading to feelings of injustice or alienation. These elements collectively suggest that the ‘Rule of Law’ might not perfectly align with real-world experiences.

How does the ‘Rule of Law’ affect dispute resolution?

The legal system's reliance on courts to resolve disputes is a critical aspect of the ‘Rule of Law.’ However, only a fraction of conflicts are settled in court. Most are resolved through informal negotiations or compromises. If the legal system becomes too dominant, it can undermine these alternative methods of conflict resolution, thereby impacting the efficient and effective resolution of disputes, and potentially leading to increased caseloads for courts.

What is the best way forward concerning the ‘Rule of Law’?

The limitations suggest the need for a balanced approach. While the ‘Rule of Law’ is a powerful ideal, it is essential to recognize its limitations. This approach values both legal principles and the importance of ethical considerations, social norms, and individual responsibility. The implications of this are a move toward a legal system that truly serves justice, and isn't just perpetuating a myth. This approach would involve creating legal frameworks that are accessible, just, and reflect the broader values of society.