What is the rule of law?

It’s a matter of faith, one that Americans take for granted

Abraham Lincoln describes the danger to the republic posed by the ambitious man, the new Caesar, who, if he cannot be accorded recognition by building things up, will be just as likely to seek recognition by tearing things down. — Roger Soder, “Developing Democratic Character In The Young” •

One of the ways some Americans embrace democracy is to believe that their personal preferences should become the law of the land, or that their dislikes should be outlawed for everyone. For example, a friend of mine thinks going to bed wearing a nightcap, similar to the one that Ebenezer Scrooge wears in “A Christmas Carol,” should be a law.

At first, such jocular use of legal terms to express personal tastes amazed me about Americans, but soon I realized one reason Americans think of law as a means of universalizing their personal preferences is that they trust in their judicial system. The notion of rule of law is deeply embedded in American values, and it is admirable to see Americans’ faith in their democracy and their respect for the law, even when it is expressed subconsciously The law is the solution, and once an issue is painted with legal coloration, everyone is supposed to follow it, and that is the beauty of their trust.

I have lived under the worst rule of law, and I understand how it can affect not only one’s life, but also one’s dignity.

While living in Afghanistan under the control of the Taliban, my brother, who was 14 at the time, returned home one day with a face that I will never forget. It was stained with disappointment, anger and humiliation. He had been stopped at a checkpoint set up to make sure everyone was abiding by Taliban hair-style rules.

Men had two options: shavetheir heads, or let their hair grow long down to their shoulders. My brother had a “Western” hairstyle, and like many other boys his age, he refused to accept the Taliban as his hairstylists. So the Taliban shaved his head, leaving the buzzed shape of an intersection on the top beforeletting him go.

I understood the Taliban’s theological approach to men’s hair, but I never agreedwith it. A bad law was enforced equally, but it did not make the Taliban better for being equitable. But good laws enforced equitably, the laws we respect as a society, builds trust among “the people.”

Ido not remember signing a petition to oppose anything before I came to the United States. I wanted to see many things improved, but I did not believe my voice mattered. In fact, after I saw what happened to my father when he raised his voice in opposition to the Iranian government, which forced his exile to Afghanistan, I learnedto suppress mine.

Authoritarianism,even at its best, is deaf. The first time I signed a petition in America, I was not sure if I should sign my real name. The fear of authority had been internalized in me, and it took time to overcome it. But now, every time President Donald Trump gives a speech, I look at the comments on Facebook Live and smile at how easily Americans express their support or condemnation without fear or hesitation.

Two of the largest and most symbiotic lessons I have learned are that not every law deserves respect or should be enforced. Although Mr. Trump’s chief of staff, John Kelly, recently stated that those who fought during the Civil War in support of slavery were people “of good faith” who stood “where their conscience had led them,” we all know something is flawed about his logic. It is flawed because, if we apply it to today’s world, would it mean the North Korean regime, the so-called Islamic State and the KKK are doing nothing wrong because they are following their consciences?

In a perfect democratic society, everyone is equal in the eyes of law. It is a cliche. Nonetheless, it remains America’s prevailing philosophy.

As I write this piece, Mr. Trump’s former campaign chairman, Paul Manafort, has just been indicted and big-shot men in the movies and other fields are being accused almost daily of sexual assault or harassment. Let us hope the law is fairly enforced in their cases, so that Americans’ belief in their judicial system is reinforced. Then they can keep joking and fantasizing about turning their personal preferences into law for everyone toobey.

Now, put on your nightcap and go to sleep.