Donald Trump’s drive for “law and order” undermines the rule of law

By Dara Lind – The Trump administration does not value the rule of law. It values law and order. It values law enforcement as a weapon to be wielded in a particular direction: against social disorder, real and feared. It respects the “front lines” of conflict to protect order, but sees less need to preserve the independence of investigators or prosecutors to choose which violations of law to pursue.

In other words, it’s embracing the brute reality of power — while obliterating one of its most important constraints.

Both “rule of law” and “law and order” are tossed around as political slogans more often than not — and often by the same people. But in practice, they represent slightly different sets of values.

The “rule of law” is a procedural value: It says that the right thing for the government to do is to set, and adhere to, proper processes in all cases, without favor or prejudice to where those processes might lead.

“Law and order,” by contrast, is a substantive value: It says something about what sorts of results the government ought to be getting out of its activity (namely, a reduction in crime and social disorder, and the assurance of a safe and loyal populace). more> https://goo.gl/B0pnlP

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