SCHOLAR: THEORY OF POLITICAL CODIFICATION

 

MEMORIAL SPECIAL:  TRIBUTE TO RYAN HOOVER RIP 2023. 

The process of codification involves an understanding of the fundamental concept of the rule of law.  The rule of law is a legal principle that states that legal decisions by Judges and Lawyers are codified into legislations, case law and books of authority.  “Law is invariably constructed as a response to conflict or, specifically, to a given social problem; it is a mechanism that attempts to control certain kinds of activities or behaviors” (Boyd 2015).  The rule of law involves that “the government enacts law in an open and transparent manner; the law is clear and known, and it is applied equally to everyone; the law will govern the actions of both government and private persons, and their relationship to each other and; the courts will apply the law independently of political or outside influence” (Provincial Court BC 2023).  The rule of law emerged from the philosophers of Greece.  Plato and Aristotle theorized on the concepts of democracy and this resulted in the birth of the idea of the rule of law.  The rule of law was then enacted in the UK through the Magna Carta and then in Canada through the Constitution, the Charter of Rights and Freedoms by delegation.  Hence, the rule of law is a faucet of Canadian society as its citizens live in the shadow of the law. 

Law creates a statutory paper trail overtime and this serves as a basis for the determination of right and wrong.  In this it becomes a form of social engineering as it becomes an instrument of human rights as Lawyers attempt to use the codified law to absolve the social issues of their clientele through dispute settlements for social order.  As it pertains to Political Science however, codification becomes increasingly important as the Political Scientist must use reason, rationale, logics and imagination to come up with political solutions to the problems effected by the domestic environment.  Codification prevents the Political Scientist from acting or serving arbitrarily.  Serving or acting arbitrarily can be seen as a method of discrimination or it can be seen as a way of not being a rational thinker.  Arbitrary decision making further can be a violation of ethics and ethical decision making. 

In ethical decision making the Panel on Research Ethics requires disclosure of the risk and benefits of the researcher.  They also define a scope by which a specific matter can be researched.  In ethical decision-making consent is always obtained.  TCPS2CORE upholds fairness, equity, privacy and confidentiality (Panel on Research Ethics 2023).  Ethical decision making in the scientific medical field for example is essentially rooted to the demands of the Panel on Research Ethics and these demands are codified within legislations and enforced by the government. 

Codification in Political Science is like procedural law and administrative law.  Procedural law is a means by which the government obtains consent through disclosure of a legal procedure as the laws depict how the government is going to perform a specific legal task.  Administrative law on the other hand administrative law is a form of public law that dictates that the laws of the land are administered in a fair and equitable manner.  These both involve modern ethics.  In Political Codification, the Political Scientists considers the all of the above as the Political Scientist creates estopples by which his or her actions are fully explained.  This gives the clientele the consent they need inorder to make a decision on whether they are to avail of the services that the Political Scientist offers.  In academia, individuals with graduate degrees must create thesis or dissertations.  In these, they are ethically required to create a METHODOLOGY.  The METHODOLOGY is like an explanation of the process by which to action an experiment.  METHODOLOGIES are not only necessary for the explanation of the procedure used to action a scientific experiment but it are a means by which to proliferate the process.  Hence, METHODOLOGIES become an important sophistication tool used to not only obtain consent but also for the depiction of the reason or rationale for the actions of the Political Scientist. 

With Political Codification, it becomes necessary to explain the political reasoning of it as it becomes a staple of the discipline.  There have been Politicians that have successfully implemented Political Codification.  Modern politics is partially about Marketing and Propaganda.  This is how current Politicians have used the process of political codification.  Not only have the Politicians themselves used political codification but their supports have in their absence used it in their stead.  In the Obama administration, Barrack Obama used Political Codification to create “Obama Care.”  As it becomes obvious, the then honorable President codified his surname into the healthcare of the USA.  Trump on the other hand, used it for his own purpose within his own company to create “Trump Towers.”  An example of the people doing it in the absence of the Political Actor is the Hoover Building created in commemoration for J’ Edgar Hoover an American law enforcement administrator who worked for the Bureau of Investigation for the FBI.  These methods of Political Codification are a means of recognition of the achievements of these individuals.  Whether it be self gratification or a public celebration, political codification has been used in the domestic environment but not well defined. 

In Political Codification, Political Actors, codify their actions and if they are Marketing savvy, they glorify it.  It serves as a means of transparency as the discipline itself values it and requires it to hold a public office in the government.  The Political Codification described herein uses existing political and legal schemas to produce literature works which depict the process used to make political decisions.   

WORK CITED

Boyd. (2015). Canadian Law. Toronto. Nelson Education Ltd. 

Panel on Research Ethics.  (2023).  TCPS 2: CORE-2022 (Course on Research Ethics).  Retrieved from:  TCPS 2: CORE-2022 (tcps2core.ca)

Provincial Court BC.  (2023).  What is the Rule of Law - and why does it matter? | Provincial Court of British Columbia.  Retrieved from:  https://www.provincialcourt.bc.ca/enews/enews-04-11-2020

The Canadian Encyclopedia.  (2023).  Administrative Law.  Retrieved from:  Administrative Law | The Canadian Encyclopedia