“Where laws rule, people are free. Conversely, where not laws, but individuals, rule, people are unfree. Law is the indispensable tool for securing personal freedom, because only under the rule of law are individuals able to plan their lives according to known expectations about the social order.”

— Alan O. Ebenstein

Hayek's Journey: The Mind of Friedrich Hayek (2003)

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Alan O. Ebenstein 47

American political scientist, educator and author 1959

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“Any government is free to the people under it (whatever be the frame) where the law rules, and the people are a party to those laws, and more than this is tyranny, oligarchy, or confusion.”

William Penn (1644–1718) English real estate entrepreneur, philosopher, early Quaker and founder of the Province of Pennsylvania

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Context: I know what is said by the several admirers of monarchy, aristocracy and democracy, which are the rule of one, a few, and many, and are the three common ideas of government, when men discourse on the subject. But I chuse to solve the controversy with this small distinction, and it belongs to all three: Any government is free to the people under it (whatever be the frame) where the law rules, and the people are a party to those laws, and more than this is tyranny, oligarchy, or confusion.

“Libertarianism is not libertinism or hedonism. It is not a claim that "people can do anything they want to, and nobody else can say anything." Rather, libertarianism proposes a society of liberty under law, in which individuals are free to pursue their own lives so long as they respect the equal rights of others. The rule of law means that individuals are governed by generally applicable and spontaneously developed legal rules, not by arbitrary commands; and that those rules should protect the freedom of individuals to pursue happiness in their own ways, not aim at any particular result or outcome.”

David Boaz (1953) libertarian, author and editor

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“No matter what coercive powers of enforcement governments may assert, the peoples in country after country in all ages have demonstrated that Man was meant to be free but that this ideal can be realized only under the rule of law. And this must be a rule that places restraints on individuals and on governments alike. This is a delicate, a fragile, balance to maintain. It is fragile because it is sustained only by an ideal that requires each person in society, by an exercise of free will, to accept and abide the restraints of a structure of laws.”

Warren E. Burger (1907–1995) Chief Justice of the United States from 1969 to 1986

Reported in The Episcopalian: Volume 138 (1973), p. 12.

“No person wants to live in a society where the rule of law gives way to the rule of brutality and bribery. This—that is not democracy; that is tyranny, even if occasionally you sprinkle an election in there.”

Barack Obama (1961) 44th President of the United States of America

Barack Obama: "Address to the Ghanaian Parliament in Accra, Ghana," July 11, 2009. Online by Gerhard Peters and John T. Woolley, The American Presidency Project. http://www.presidency.ucsb.edu/ws/index.php?pid=86395&st=&st1=
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Context: As I said in Cairo, each nation gives life to democracy in its own way and in line with its own traditions. But history offers a clear verdict: Governments that respect the will of their own people, that govern by consent, and not coercion, are more prosperous, they are more stable, and more successful than governments that do not. This is about more than just holding elections; it's also about what happens between elections. Repression can take many forms, and too many nations, even those that have elections, are plagued by problems that condemn their people to poverty. And no country is going to create wealth if its leaders exploit the economy to enrich themselves, or if police can be bought off by drug traffickers. No business wants to invest in a place where the government skims 20 percent off the top, or the head of the port authority is corrupt. No person wants to live in a society where the rule of law gives way to the rule of brutality and bribery. This—that is not democracy; that is tyranny, even if occasionally you sprinkle an election in there. And now is the time for that style of governance to end. In the 21st century, capable, reliable, and transparent institutions are the key to success: strong Parliaments; honest police forces; independent judges; an independent press; a vibrant private sector; a civil society. Those are the things that give life to democracy, because that is what matters in people's everyday lives.

“This is not the “rule of law”…it is the “rule of law enforcement.””

Barrett Brown (1981) American journalist, essayist and satirist

The Guardian, "Barrett Brown statement: 'This is not the rule of law, it is the rule of law enforcement'" http://www.theguardian.com/technology/2015/jan/22/barrett-brown-hacking-sentencing-full-statement-text, 22 January 2015.

“Law is an order of human behavior. An “order” is a system of rules. Law is not, as it is sometimes said, a rule. It is a set of rules having the kind of unity we understand by a system. It is impossible to grasp the nature of law if we limit our attention to the single isolated rule.”

Hans Kelsen (1881–1973) Austrian lawyer

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“Sterile legalisms, the fetishism of law — otherwise known as the doctrine of positivism — have emerged as a serious impediment to a world order based on the rule of law, which must also be the rule of justice”

Alfred de Zayas (1947) American United Nations official

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“Democrats demonstrate daily that they’re not for the rule of law, but for the law of rule, mob rule.”

Ilana Mercer South African writer

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“The freedom of peoples depends fundamentally on the rule of law, a fair legal system. The place to have trials or accusations is a court of law, the Common Law that has come right up from Magna Carta, which has come right up through the British courts – a court of law is the place where you deal with these matters. If you ever get trial by television or guilt by accusation, that day freedom dies because you have not had it done with all of the careful rules that have developed in a court of law. Press and television rely on freedom. Those who rely on freedom must uphold the rule of law and have a duty and a responsibility to do so and not try to substitute their own system for it.”

Margaret Thatcher (1925–2013) British stateswoman and politician

Criticising the Thames Television programme "Death on the Rock", in an interview with Hatsuhisa Takashima of NHK Japanese television (29 April 1988) http://www.margaretthatcher.org/speeches/displaydocument.asp?docid=107058
Third term as Prime Minister

“Freedom prospers when religion is vibrant and the rule of law under God is acknowledged.”

Ronald Reagan (1911–2004) American politician, 40th president of the United States (in office from 1981 to 1989)

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Alan O. Ebenstein 47

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