If untruths become part of our language—untruths that in context are intended to be interpreted as polite expressions or figure of speech—then each person is left to decide for themselves the meaning of any sentence. And when language and meaning become subjective, society breaks down. The rule of law becomes a grey area. Commands become suggestions. And how do you keep anyone, including yourself, accountable for actions based on ambiguous language?
We still don't have a good word to describe what is missing in Cameroon, indeed in poor countries across the world. But we are starting to understand what it is. Some people call it 'social capital, or maybe 'trust'. Others call it 'the rule of law', or 'institutions'. But these are just labels. The problem is that Cameroon, like other poor countries, is a topsy-turvy world in which it's in most people's interest to take action that directly or indirectly damages everyone else.
In Confucian thought, individuals practice moral virtue both by restraining themselves and pursuing their own interests. This is a dual push-and-pull process. In today’s China, the latter is taken care of by capitalism and commerce. The former, however, needs to be taken care of by the rule of law. Otherwise, the system of governance is corrupted by unrestrained individual desires and selective enforcement of ‘virtue’ or law.
At the present time it is widely accepted among lawyers that law is higher than morality—law is something which is shaped and developed, whereas morality is something inchoate and amorphous. This is not the case. The opposite is true: morality is higher than law! Law is our human attempt to embody in rules a part of that moral sphere which is above us. We try to understand this morality, bring it down to earth, and present it in the form of law. Sometimes we are more successful, sometimes less. Sometimes we have a mere caricature of morality, but morality is always higher than law. This view must never be abandoned.
Civil disobedience, as I put it to the audience, was not the problem, despite the warnings of some that it threatened social stability, that it led to anarchy. The greatest danger, I argued, was civil obedience, the submission of individual conscience to governmental authority. Such obedience led to the horrors we saw in totalitarian states, and in liberal states it led to the public's acceptance of war whenever the so-called democratic government decided on it...In such a world, the rule of law maintains things as they are. Therefore, to begin the process of change, to stop a war, to establish justice, it may be necessary to break the law, to commit acts of civil disobedience, as Southern black did, as antiwar protesters did.
There are doubtless those who would wish to lock up all those who suspected of terrorist and other serious offences and, in the time-honored phrase, throw away the key. But a suspect is by definition a person whom no offence has been proved. Suspicions, even if reasonably entertained, may prove to be misplaced, as a series of tragic miscarriages of justice has demonstrated. Police officers and security officials can be wrong. It is a gross injustice to deprive of his liberty for significant periods a person who has committed no crime and does not intend to do so. No civilized country should willingly tolerate such injustices.
A state which savagely represses or persecutes sections of its people cannot in my view be regarded as observing the rule of law, even if the transport of the persecuted minority to the concentration camp or the compulsory exposure of female children on the mountainside is the subject of detailed laws duly enacted and scrupulously observed.