11/08/2026
We often contrast 'the rule of law' (the preferred situation) to 'the rule of men' (or persons, to be politically correct). But as Sanchez-Cuenca (2003, in Przeworski:2019) so obviously puts it: "The law cannot rule. Ruling is an activity, and laws cannot act."
In truth, therefore, men (or persons) rule in all polities and 'the rule of law' is the rule of men who obey or are constrained by Law. In contrast, the ideal type 'rule of men' is the rule of persons unlimited by Law.
Yet, Law is a human creation, an artifice of human existence. Would it thus be correct to assert that all polities are, in the final analysis, ruled by men?
What laws constrain humans when they create the Law? Or is law-writing an unregulated, unencumbered human process?
How about the intriguing notion that the absence of Law inexorably led naturally-unfettered humans (rational beings, that is) to make or write it, to agree to be bound by it? The English political philosopher Thomas Hobbes pioneered this novel idea in his 1651 magnum opus, 'Leviathan'.
Let us tease Hobbes' ideas in greater detail. Please pardon my play on words in what follows.
To start, the natural state of men is a state of statelessness. A condition where and when there is no state, no government, no over-arching Leviathan. As such, there is no Law. No common standard of right or wrong. What is right to an individual is what he wants or what benefits him. That may be a wrong in the eyes of another person.
In the natural state where there is no state, no Law--everyone is theoretically free to do as he pleases and do so in pursuit of his self-interest. However, the net result is an unintended world of complete misery. Hobbes presciently warned: the state of nature is a perpetual "war of all against all". And that life in the state of nature is "short, nasty, and brutish".
Picture this ugly situation: perfectly free and unfettered men living in misery and unending strife. Everyone is free but unhappy and insecure, fearful for one's life and property. Hobbes correctly predicts: no art, no science, no civilization in the state of nature.
Total freedom is an illusion, a cruel mirage! Perfect freedom is pure pain!
What will save humanity from this sordid lot?
Human reason will lead men to realize that the solution is for all of them to leave the state of nature for a realm of limited liberty--from a state of statelessness to a state with the State.
Through a social contract, they will agree to be bound to (by) a Leviathan who (that) enforces peace to ensure all life and property. The common agreement is for all to limit their freedom and free themselves of the crushing misery of complete freedom.
The terms of trade in the social contract: peace and security of life and property in exchange for perfect liberty and total war.
Reason does not convert contracting humans into selfless saints.
The social contract, even if rational and voluntary, is not self-binding or self-enforcing.
The Sword of the Leviathan enforces the social contract--the compact of all for the welfare of all.
No sword, no peace!
Of course, we also observe that animals like ants and bees seem to have law-governed existence. Natural law perhaps?
One may postulate that plants also do behave in a like manner. Or all nature for that matter.
But I am not qualified to fully explore these questions regarding animals, plants, and nature.
Any thoughts, dear reader?