The dual July/August 2025 edition of Res Gestae was dedicated to an important ideal: the Rule of Law. No concept, arguably, is more fundamental to fostering a flourishing polis or the well-being of members of a political community than the Rule of Law ideal.¹ And no concept, less arguably, among America’s numerous virtues and accomplishments, is America’s most valuable and best gift to the world than the Rule of Law. The joint July/August 2025 issue’s reflections and reports on the Rule of Law is thus a pertinent reflection on a key universal driver of social progress. The vital views on the Rule of Law by various esteemed contributors should not therefore echo without further laudatory as well as critical comments. The edition, in fact, invites just such responses.²

A polis or a political community without the Rule of Law is a polis without soul and spirit. And a polis without soul and spirit is a dead polis or a dying polis, which cannot flourish meaningfully for long and whose members’ well-being cannot be guaranteed in the long run.

And to this soul and spirit of a polis—the Rule of Law ideal—most of the world has often looked to America’s shining example for purpose and direction and action. When America thus renews its soul and spirit with solemn and critical sacred sacrament of the Rule of Law³ as instantiated in the recent edition of Res Gestae, the world, while grateful to America, must remind America that it is lighting a lamp as well for others in far lands groping in the dark for the light of their common progress and development and meaning as a people.

Contributors to the theme of the Rule of Law in this edition defined it as well as signaled its importance and outlined the various ways in which the ideal is lived and nurtured in Indiana. These reflections are useful beyond the boundaries of the State of Indiana and far beyond the territories of the United States.

“...the world, while grateful to America, must remind America that it is lighting a lamp as well for others in far lands groping in the dark for the light of their common progress and development and meaning as a people”

 

What Is the Rule of Law?

The Rule of Law is a hotly contested ideal, and contributors who attempted defining it appear aware of the inadequacies of their proffered definitions and those of others.⁴ ISBA President Michael Jasaitis grounds the meaning of the Rule of Law in practical terms, unveiling it as an invisible architecture that ensures that unfair social policies are challenged, and contracts are enforced.⁵

Kevin McGoff defines the Rule of Law in terms of equal application of the law to all.⁶ McGoff then cites other definitions from the United States Courts website,⁷ from the Oxford dictionary,⁸ and from the ABA⁹ and finds all of them imperfect.

McGoff phrases the definitional difficulty of the Rule of Law in this manner: “Like any litigator, I have been quick to contrive a definition of the rule of law when given the opportunity. I was, of course, pleased with it. But at the same time, I was unsatisfied with my ability to succinctly define the concept.”¹⁰ In addition to this definitional difficulty is the diverse, and even opposing, perception of the Rule of Law by different generational groups. While Baby boomers and Generation X look to the Rule of Law as a safeguard, millennials and generation Z are skeptical of protections that the Rule of Law is expected to safeguard.¹¹

In his widely referenced, canonical piece, “‘The Rule of Law’ as a Concept in Constitutional Discourse,” Professor Richard H. Fallon captures the challenge and failure in defining the Rule of Law: “the precise meaning of the Rule of Law is perhaps less clear than ever before. Many invocations are entirely conclusory, and some appear mutually inconsistent.”¹² Professor Fallon further adds that the various definitions of the Rule of Law have been contested.¹³ And he calls for a clearer definition of the ideal.

The helpful definitions offered in this Res Gestae edition, I think, with respect, fall short of Professor Fallon’s call—made in close to three decades ago—for an exact definition of the term that is bereft of ambiguities, sparkling with epistemic clarity, and grounded in Socratic soundness. But the contributors largely succeed in signaling the main core desiderata of the Rule of Law ideal.

 

Core Desiderata of the Rule of Law

• Tempering power: Perhaps, the bellwether of the core desiderata of the Rule of Law is its potential and ability to temper or restrain power: “The rule of law is a cornerstone of a just and prosperous society, ensuring that power is constrained by law and that everyone is accountable for their actions.”¹⁴
• No arbitrariness: Bearing close resemblance to the lead principle of tempering power is the core desideratum of no arbitrary laws and no arbitrary governmental action.¹⁵
• Predictability: And the core desideratum of predictability of laws ensures that power is tempered and laws and actions are not arbitrary, by enacting laws that are certain and predictable.¹⁶ The Rule of law “provides a predictable framework for society, allowing people to live and work free from unjust oppression.”¹⁷ The Rule of Law “provides a stable and predictable legal environment—essential for attracting investment and promoting economic growth.” ¹⁸
• Rule of Law, not rule by man: The core desideratum of predictability relates to the principle that, under the Rule of Law, it is the law that rules and not man. Charles G. Geyh rightly invokes the ancient Greek philosophers on this point, reminding us that this core desideratum goes back to Aristotle who offered one of the best jurisprudences behind it: “we do not allow a man to rule, but the law,” because “desire…twists rulers even when they are the best of men.”¹⁹
• Equality: Perhaps, the most well-known and widely cited core desideratum of the Rule of Law is the doctrine of equality before the law: the idea that no person is above the law and that the law applies equally to all. “This principle, that no person stands above the law and that laws apply equally to all, represents one of humanity’s greatest achievements.”²⁰ The principle of equality before the law “ensures that everyone is treated equally and fairly under the law.”²¹ Equality before the law is neither a Red or a Blue issue.²² McGoff quotes President Dwight Eisenhower on this concept: “[T]he rule of law…ensures justice between man and man, however humble the one and however powerful the other. A man with five dollars in the bank can call to account the corporation with five billion dollars in assets—and the two will be heard as equals before the law.”²³ The poor, wealthy, elected public officer, law enforcement agents, accused persons, and ordinary folks are equal before the law under the core desideratum of equality before the law.²⁴
• Protection of rights and freedoms: An important substantive core desideratum of the Rule of Law is that it protects individual rights and freedoms, ensuring that these rights and freedoms are not abused by those in authority and those with power.²⁵
• Access to justice: And an important procedural core desideratum of the Rule of Law is access to justice. The Rule of Law demands access to justice for both folks of lesser means and affluent people. Hence officers of the law are called “to ensure that all people have access to justice, not just those who can afford it.”²⁶
• Separation of powers: The Rule of Law designs and deploys and animates the wheel around which the spokes of governance spin in progress for the well-being of the people, putting the power of the polis in three co-ordinate branches—the executive, legislature, and the judiciary. Therefore, the core desideratum of separation of power among the three co-ordinate branches of government allows for “ambition…to counteract ambition.”²⁷ Here, and of special importance, it is the judiciary that keeps “the other branches in check through judicial review.”²⁸ The seminal case of Marbury v. Madison empowers the courts to define the limits of the other branches by saying what the law is.²⁹ Learning from the example of America, common law countries like Ghana have constitutionalized Marbury v. Madison, even enacting it as an explicitly entrenched constitutional provision.³⁰
• Independent judiciary: The judiciary is central to upholding the Rule of Law. And in this, the Rule of Law demands an independent judiciary, “requir[ing] a system of courts that are free from undue influence and that can fairly and impartially interpret and apply the law.”³¹                

“Learning from the example of America, common law countries like Ghana have constitutionalized Marbury v. Madison, even enacting it as an explicitly entrenched constitutional provision.”

If delineating the meaning and core essentials of the Rule of Law is a big challenge, its application is an even bigger challenge, the contributors caution: “The mere definition of the idea of the rule of law is only half the conversation. The tougher part of the conservation these days is how the rule is applied.”³²

Judges, as a core component of the judiciary, play a key role in practicalizing and applying the Rule of Law ideal. In this crucial role, Charles G. Geyh cautions judges to engage in civic discourse on the Rule of Law with great care, avoiding “partisan confrontations on controversial issues…by taking [a] more historical, reportorial, and theoretical” approach.³³ There is much divided views on the Rule of Law because of the varying views on its meaning and even its key essentials. And everybody should approach critical engagement of the Rule of Law with empathy.

 

The Rule of Law Is Important

An uncontroversial and more illuminating definition of the Rule of Law needs not be formulated and resolved before we find consensus on its importance. The edition and the contributors found much consensus on the eternal importance of the Rule of Law.

(Ret.) Justice Steven David is one of the co-hosts of Open Conversations. Justice David, I see, has “The Rule of Law—Always” visibly written behind his seat during sessions of Open Conversations—an ever present reminder of the importance of the concept as President Jasaitis remarks: “[T]hese simple yet powerful words: ‘The Rule of Law—Always’…serve as a constant reminder that our profession carries a responsibility far greater than any individual case, client, or career milestone.” ³⁴

That the Rule of Law is important is probably a non-contentious proposition that enjoys bipartisan support and commands commendation from some of the most notable American presidents of the past across the political aisle, one contributor notes. ³⁵ In any event, another contributor adds that “[t]he rule of law, however, should not be a partisan topic,”³⁶ underscoring the cruciality of the ideal across political ideologies.

With parts of our world actively engaged in armed conflict, the role of the Rule of Law in a peaceful polis is timely. The contributors, however, appear to direct this potential for conflict prevention and resolution within a particular polis rather than across different nations. The Rule of Law is the sure means of avoiding conflict in the polis, avoiding conflicts between nations, and the proven tool for reconciling societies in conflict. “We stand for the rule of law not because it always produces outcomes we prefer, but because it provides the only reliable means of resolving disputes peacefully and protecting individual rights in a diverse democracy.”³⁷ One contributor is sure that it is the Rule of Law that ensures a stable society: “I believe that our collective commitment to the rule of law has bound us as a people.”³⁸ Eventually, all that a polis has is the Rule of Law. “Because the alternative—the rule of power and mob violence—is unthinkable.”³⁹

“The Rule of Law is the sure means of avoiding conflict in the polis, avoiding conflicts between nations, and the proven tool for reconciling societies in conflict.”

The importance of the Rule of Law is summed up by Res Gestae’s editor in the editor’s own contribution to the theme: “The rule of law is more than a professional ideal; it is the bedrock of civic life. When the rule of law suffers, we all suffer. When the rule of law is threatened, we are all threatened. But by understanding its importance, honoring its principles, and educating our communities, we can help ensure that it endures.”⁴⁰

 

Guardians of the Rule of Law

While the Rule of law is the anchor of a flourishing polis, it is a fragile and brittle cornerstone: “It took centuries to establish but can be eroded in far less time.”⁴¹ Sadly, the sure means of measuring the importance of the Rule of Law is in its absence. ⁴² Herein lies the significance and importance of the recent Res Gestae’s Rule of Law edition and the need to continue the conversation.

The Rule of Law has been home to America for about two and a half centuries.⁴³ America has preserved the Rule of Law, and it is necessary to continue to preserve it. “It is our responsibility to ensure that nearly 250 years of this culture are preserved and improved upon.”⁴⁴

Admirably, America has preserved the Rule of Law through some of the most challenging events in our nation’s history.⁴⁵ America is a diverse polis, and actualizing the Rule of Law is more tasking in a diverse political community. “But despite these differences, we have endured and even thrived as a nation due largely to our commitment to the rule of law.”⁴⁶

And for lawyers, judges, and legal officers—primary guardians of the Rule of Law—the duty to defend the Rule of Law is a vocation that involves more than practicing a trade or a profession.⁴⁷ The Hon. John Baker acknowledges the challenge of living the vocation as guardians of the Rule of Law: “It’s a heavy burden to continue to maintain the rule of law, but it’s a vocation that becomes a calling. I encourage you to always think of that higher calling—of maintaining the rule of law…”⁴⁸

Reflections and policy actions and reports of this Res Gestae edition are aimed at preserving and handing down a robust Rule of Law to the next American generation. “Let us ensure that future generations inherit a legal system strong as the one we inherited—one where the rule of law remains not just an aspiration, but a daily reality. This is our calling, our obligation, and our greatest service.”⁴⁹ Indiana has put in place policies and projects and engagements to nurture and preserve the Rule of Law in its younger generation.

Civic education engagement projects—Indiana Bar Foundation’s We the People, Mock Trial, United States Senate Youth program, Indiana Kids Election, and Indiana Legislative Youth Advisory Council (ILYAC)⁵⁰—undertaken by lawyers and judges are some of the ways the Rule of Law is nurtured and preserved in Indiana. Civic education teaches the importance of the Rule of Law and builds the trust of the people in the government.⁵¹ Others, within and without the United States, can adopt and adapt these civic education-oriented Rule of Law interventions from Indiana.

The Rule of Law is incorporated in Indiana high school curriculum. A high school teacher who contributed to the edition writes: “The paradigm that law permeates every aspect of life drives the course structure of Law Education, an introductory course I teach at Fishers High School in Fishers, Indiana. The elective semester course is designed to establish foundational legal knowledge for students in grades 10-12.”⁵² This civic reform is even embraced at the pre-high school level. “The Indiana Department of Education has also revised its academic standards for social studies to incorporate more robust civics content across K-12 curricula.”⁵³ These Rule of Law oriented curriculum at the early stages of a citizen’s education may prove to be one of the best ways of preserving the Rule of Law. Others should learn from this initiative.

Indiana judges and lawyers are supporting the Rule of Law efforts of high school teachers. “Since 2021, over 30 legal professionals have visited the classroom, and more than 600 students have engaged in this course and project.”⁵⁴ Judges and lawyers go to high schools “not just for career day” but to inculcate the importance of the Rule of Law in students.⁵⁵ This, too, is worth emulating by lawyers and judges elsewhere.

The civic education efforts of Indiana judiciary and educators have received support from Indiana legislators. “In 2021, the Indiana General Assembly passed House Enrolled Act 1384, mandating a semester-long civics course for middle school students. This course aims to instill a foundational understanding of American democracy, the Constitution, and the role of citizens in maintaining civil society.”⁵⁶ Lawmakers in other jurisdictions can enact similar laws.

In addition to the above, and outside the formal education sector, one may also volunteer to be involved in promoting the Rule of Law in these ways: attend Rule of Law community events rallies, attend Rule of Law lectures, attend Rule of Law programs, educate students, mentor new lawyers and law students, provide pro bono legal services, and get involved with Indiana Free Legal Answers.⁵⁷

These civic engagements are the means of animating and preserving the Rule of Law in Indiana and in the United States. But America must know that it is also the custodian of the Rule of Law of the world. America appears to have a blurred vision of this clear duty: “We live in a divided time. We live in a time that can be dark and cruel. But we have an alternative to offer to our friends and neighbors. We offer a way of resolving conflict peacefully. We offer a way of living together and mutually benefiting each other—and of benefiting our communities. We offer the rule of law.”⁵⁸ It should be unambiguous that the “neighbors” and “friends” referenced supra extends beyond the other states in the United States of America to the many nations in the world that look to America’s Rule of Law posture for purpose and direction and action.

“But America must know that it is also the custodian of the Rule of Law of the world.”

 

America’s Best Gift to the World

If America is great in part because it lights the paths of other nations, as I firmly believe it does, the brightest torch yet for this role is not its ambitious space adventures; the Russians were the first to go to space. If America is great in part because it lights the paths of other nations, as I firmly believe it does, the brightest torch yet for this role is not its ambitious technological breakthroughs; China has caught up and appears to be leading the pack in tech. If America is great in part because it lights the paths of other nations, as I firmly believe it does, the brightest torch yet for this role is not its wealthy citizens; Switzerland dwarfs America in average wealth and in bridging social inequality among its citizens. If America is great in part because it lights the paths of other nations, as I firmly believe it does, the brightest torch yet for this role is not even its military might; brute force has never solved any problem meaningfully in our world. If America is great in part because it lights the paths of other nations, as I firmly believe it does, the brightest torch yet for this role is surely its Rule of Law. Even with its flaws, in America the law rules, still. The Rule of Law is America’s holy grail. And the Rule of Law is America’s best gift to the world.

Globally, the Rule of Law has been declining in the last decade.⁵⁹ Reflections and reports of the dual July/August Res Gestae edition are means of reversing the declining global Rule of Law. And in this, American judiciary has a unique role. “For nearly two and a half centuries, our profession has been entrusted with the awesome responsibility of securing and safeguarding the rule of law. It has now fallen to us to restore a measure of the trust that has been lost.”⁶⁰ The world is watching how America will, yet again, live up to its clear mandate of restoring public trust in the Rule of Law.

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¹ Others, for example, think that America’s greatness is it its democracy and benevolence: “I think the thing that separates this country from other countries in particular, is the fact that we’re a democratic society. But, more importantly, we are a benevolent society. And I think that once we lose that we’re in deep trouble.” Steven David et al., Wisdom from the Bench: Thoughts on Facing Injustice, Remaining Motivated, and Loving the Rule of Law, in Res Gestae, vol. 69 no. 1, 13, 14 (July/August 2025).

² Res Gestae Editor, Protecting the Rule of Law Starts with You, Res Gestae, vol. 69 no. 1, 37 (July/August 2025). 

³ Michael Jasaitis, The Rule of Law: Our Enduring Foundation, in Res Gestae, vol. 69 no. 1, 7, 9 (July/August 2025)(“Our association’s commitment to these principles is not situational or politically convenient. It is foundational.”)

⁴ Cari Sheehan, How Do Students Today Learn about the Rule of Law? in Res Gestae, vol. 69 no. 1, 34 (July/August 2025)(“An American Bar Association article stated the rule of law is hard to define.”)

⁵ Supra n. 3 at 7 (“The rule of law is not merely an academic concept confined to law school classrooms or judicial opinions. It is the invisible architecture that makes civilized society possible. When a parent challenges an unfair policy related to a family member, when a business owner seeks to enforce a contract, and when a citizen questions government action, they are exercising rights that exist only because we have agreed, as a society, to be governed by law rather than by arbitrary will of those in power.”) 

⁶ Kevin McGoff, Having a Polite Conversation about the Rule of Law, in Res Gestae, vol. 69 no. 1, 21, 23 (July/August 2025)(“When a family member, colleague, or friend asks, ‘What is the rule of law?’ I’ve settled on the rule of law is a set of rules that apply equally to everyone to ensure an orderly society.”)

⁷ Id. at 22 (“The United States Courts website wasn’t much help. It defines the rule of law as ‘a principle under which all persons, institutions, and entities are accountable to laws that are publicly promulgated, equally enforced, independently adjudicated, and consistent with international human rights principles.’ This is too lawyer-like. Not fluid or casual enough to be used in a discussion over a beer.”)

⁸ Id. (“Oxford’s definition takes a different approach: ‘the restriction of the arbitrary exercise of power by subordinating it to well-defined and established laws.’ Big words that sound like they came from a dictionary or a law professor.”)

⁹ Id. (“The ABA’s definition, ‘[t]he rule of law is a set of principles, or ideals, for ensuring an orderly and just society,’ is more to the point. But I wanted to add more to it.”)

¹⁰ Id.

¹¹ Supra n. 4 at 35 (“Generational perspectives on the rule of law differ markedly. Baby boomers and Generation X, shaped by the Cold War and civil rights movements, tend to view the rule of law as a safeguard against tyranny. By contrast, millennials and generation Z have grown up amid political polarization, systemic inequality, and digital disinformation. As a result, their relationship with authority and legal institutions is more skeptical, sometimes apathetic.”)

¹² Fallon, Richard. The Rule of Law’ as a Concept in Constitutional Discourse. 97 Colum. L. Rev. 1, 1 (1997).

¹³ Id.

¹⁴ Hon. Christopher M. Goff, The Importance of the Rule of Law, in Res Gestae, vol. 69 no. 1, 10 (July/August 2025)

¹⁵ Supra n. 3 at 8. 

¹⁶ Id.

¹⁷ Supra n. 14 at 10-11.

¹⁸ Id. at 11.  

¹⁹ Charles G. Geyh, May Judges Talk about the Rule of Law?—Yes with Care, in Res Gestae, vol. 69 no. 1, 24, 27 (July/August 2025). 

²⁰ Supra n. 3 at 7.

²¹ Supra n. 14 at 10. 

²²  Supra n. 6 at 21 (“The notion that the United States is governed by a set of rules intended to apply equally to everyone is pretty basic. It’s not a Red, Blue, Whig, or Libertarian party issue.”)

²³ Id. at 22.

²⁴ Id. 23.

²⁵ Supra n. 14 at 11.

²⁶ Supra n. 3 at 8.

²⁷ Supra n. 19 at 27.

²⁸ Id.

²⁹ Id.

³⁰ Article 125(3) of the 1992 Constitution of Ghana (“The judicial power of Ghana shall be vested in the Judiciary, accordingly, neither the President nor Parliament nor any organ or agency of the President or Parliament shall have or be given final judicial power.”)

³¹ Supra n. 14 at 11. 

³² Supra n. 6 at 22. 

³³ Supra n. 19 at 27.

³⁴ Supra n. 3 at 7.

³⁵ Id (“Presidents from both parties have recognized this fundamental truth. Ronald Reagan spoke of how ‘true peace rests on the pillars of individual freedom, human rights, national self-determination, and respect for the rule of law.’ John F. Kennedy reminded us that while ‘certain other countries may respect the rule of force, we respect the rule of law.’”)

³⁶ Supra n. 6 at 21.

³⁷ Supra n. 3 at 9.

³⁸ Supra n. 14 at 11.

³⁹ Id. 

⁴⁰ Supra n. 2 at 37.    

⁴¹ Supra n. 3 at 7.

⁴² Id. (“As President Eisenhower observed during the first Law Day in 1958: ‘The clearest way to show what the rule of law means to us in everyday life is to be reminded of what happens when there is no rule of law.’ Having witnessed the horrors of World War II, Eisenhower understood that when legal systems collapse, human dignity inevitably follows.”)

⁴³ Supra n. 14 at 11.

⁴⁴  Supra n. 6 at 23.   

⁴⁵ Supra n. 3 at 9 (“The rule of law survived the Civil War, two World Wars, the Great Depression, and countless other challenges because Americans understood that abandoning it would cost more than preserving it ever could.”)

⁴⁶ Supra n. 14 at 10.  

⁴⁷ Supra n. 3 at 9 (“Justice David’s challenge coin reminds us that this commitment is not optional for members of our profession. We did not choose to become lawyers merely to practice trade. We chose to join a profession dedicated to justice under the law. That choice carries obligations that extend beyond individual success to collective responsibility for maintaining the legal system’s integrity.”)     

⁴⁸ Supra n. 1 at 15.

⁴⁹ Supra n. 3 at 9.

⁵⁰ Supra n. 4 at 35

⁵¹ Abigail Hopf, Bridging the Civics Gap: Indiana Bar Foundation and the Legal Profession in Action, in Res Gestae, vol. 69 no. 1, 28 (July/August 2025).

⁵² Andrew Jones, From the Trenches: Bringing Legal Education to Indiana Classrooms,” in Res Gestae, vol. 69 no. 1, 32 (July/August 2025).

⁵³ Supra n. 4 at 35.  

⁵⁴ Supra n. 52 at 32.

⁵⁵ Id.

⁵⁶ Supra n. 4 at 35.

⁵⁷ Supra n. 2 at 37.

⁵⁸ Supra n. 14 at 12.

⁵⁹ The annual World Justice Project Rule of Law Index has been putting out Rule of performances and indicators for various countries since 2008. And for more than a decade, the Rule of Law has been receding globally. The latest World Justice Rule of Law scheduled to be released in October 2025 forecasts a general continuous decline in the Rule of Law around the world.

⁶⁰ Supra n. 14 at 12.

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