Introduction
The maxim “the law is the law” is an enduring phrase that underscores the universality, impartiality, and supremacy of legal norms within society. From a criminal justice perspective, it reflects the foundation of the rule of law: that no one is above the law, justice must be applied consistently, and accountability is essential for peace, security, and development. This principle is particularly critical in fragile or post-conflict societies such as Liberia, where selective enforcement of the law and impunity have historically undermined justice and stability.
This article explores the meaning of “the law is the law” through the lens of criminal justice, analyzing its implications for the rule of law, equal application, due process, and the challenges in enforcement. It further highlights lessons for Liberia’s criminal justice system and provides recommendations for strengthening legal institutions in line with global best practices.
Historical Setting of Law in Liberia
Pre-Colonial and Customary Law
Before the arrival of settlers in the early 19th century, Liberia’s indigenous communities governed themselves through customary law, rooted in traditions, cultural norms, and kinship systems. Tribal chiefs and elders served as custodians of justice, resolving disputes through mediation, reconciliation, and sanctions such as fines, compensation, or banishment. Customary law emphasized restorative justice rather than punitive measures, with the goal of maintaining harmony within the community (Isser, 2009).
Arrival of Settlers and the American Legal Influence (1822–1847)
The arrival of freed African Americans under the American Colonization Society (ACS) in 1822 introduced Western-style legal concepts to Liberia. The settlers, who later declared
independence in 1847, transplanted much of the Anglo-American common law tradition into Liberia’s legal system.
Courts were modeled after U.S. state courts.
Laws were codified in written form, unlike the oral-based customary laws of indigenous groups.
The Liberian Constitution of 1847 became the foundation of the country’s statutory law, emphasizing individual rights, property ownership, and equality—though in practice, these rights were largely reserved for the settler population.
Dual Legal System (1847–1980)
From independence onward, Liberia maintained a dual legal system:
- Statutory Law: Based on the U.S. common law tradition, enforced mainly in urban areas and among the settler-descended elite.
- Customary Law: Practiced by the majority of indigenous Liberians, particularly in rural areas.
The government attempted to unify these systems but often subordinated customary law under statutory law. For example, the 1949 Native Authority Law granted chiefs judicial powers in rural areas but under supervision of statutory courts (Sawyer, 2005). This duality created legal inequality and reinforced divisions between settlers and indigenous populations.
The Tubman and Tolbert Eras (1944–1980)
During President William V. S. Tubman’s era, the government expanded the reach of statutory law through the Unification Policy, which sought to integrate indigenous Liberians into the formal state. Courts were gradually established in rural areas, but customary law continued to dominate local governance.
By the time of President William R. Tolbert, legal reforms aimed at addressing corruption and promoting modernization were underway, but political repression and selective application of laws remained common. This era demonstrated that while Liberia had legal structures on paper, enforcement was often unequal and politically driven.
The 1980 Coup and Military Rule
The 1980 coup led by Master Sergeant Samuel K. Doe marked a turning point in Liberia’s legal history. The military suspended parts of the 1847 Constitution, ruling by decrees. Judicial independence was undermined as the military junta controlled courts and used law as a tool of repression. This period also witnessed systematic human rights abuses and erosion of public trust in the justice system.
Civil War and Legal Collapse (1989–2003)
The civil wars destroyed Liberia’s legal and judicial institutions. Courts became non-functional, police structures collapsed, and armed groups imposed their own systems of justice in territories under their control. Both statutory and customary justice were undermined, giving rise to widespread impunity, warlord justice, and severe human rights violations (Ellis, 2007).
Post-Conflict Reconstruction (2003–Present)
Following the 2003 Accra Comprehensive Peace Agreement and the deployment of the United Nations Mission in Liberia (UNMIL), efforts began to rebuild Liberia’s justice sector.
The 2003 Governance and Economic Management Assistance Program (GEMAP) and later reforms focused on anti-corruption and accountability.
Judicial training programs and police reforms, particularly through the Liberia National Police Academy, aimed to professionalize law enforcement.
The Truth and Reconciliation Commission (TRC) (2006–2009) investigated war-era crimes and recommended legal accountability, though implementation remains incomplete.
Liberia continues to operate under a pluralistic legal system, with statutory law coexisting with customary law. The Constitution of 1986 recognizes customary law but subordinates it to
statutory law where conflicts arise.
The Rule of Law and Criminal Justice
The criminal justice system is built on the concept of the rule of law, which requires that laws are clear, publicly known, and apply equally to all members of society. As articulated by Dicey (1885), the rule of law ensures that both government and citizens are bound by the same legal principles, eliminating arbitrary power. In the context of criminal justice, this means that the police, courts, and correctional systems must enforce laws consistently, without bias or political manipulation.
The United Nations (UN) further emphasizes that the rule of law is a principle of governance in which all persons, institutions, and entities are accountable to laws that are publicly promulgated, equally enforced, and independently adjudicated (UN, 2004). Thus, when we say “the law is the law,” it is a reaffirmation of the obligation of justice institutions to ensure that all
individuals—irrespective of social or political status—are held accountable within the same legal framework.
Equal Application of the Law
One of the core meanings of the phrase lies in its insistence on equality before the law. Criminal justice cannot function effectively when certain groups or individuals are exempt from accountability. According to Beetham (2013), selective enforcement of the law is one of the greatest threats to democratic governance, as it undermines legitimacy and fuels public distrust.
In many societies, however, disparities remain. Political elites, wealthy individuals, or powerful groups may evade prosecution, while marginalized populations face harsher punishments for minor infractions. For example, in Liberia, allegations of corruption and political interference in the justice system have sometimes led to perceptions that laws are enforced selectively (Human Rights Watch, 2020). If the law is to serve its purpose, then justice must be blind to wealth, tribe, or political affiliation.
Due Process and Fairness
While the phrase “the law is the law” emphasizes enforcement, it must also be balanced with due process. Criminal justice systems are not merely punitive; they must ensure fairness and protect human rights. The presumption of innocence, the right to a fair trial, access to legal representation, and the right to appeal are cornerstones of justice.
The U.S. Supreme Court in Miranda v. Arizona (1966) established that due process rights must be upheld even in law enforcement practices, ensuring that confessions obtained without legal safeguards are inadmissible. Similarly, the African Charter on Human and Peoples’ Rights obliges member states to guarantee fair trial standards (African Union, 1981).
Therefore, while laws must be enforced consistently, enforcement must respect constitutional protections. Blind enforcement without consideration of human rights risks transforming the justice system into a tool of oppression rather than a guarantor of fairness.
Challenges in Upholding the Law
Despite its ideal, the application of “the law is the law” faces significant obstacles:
- Corruption: Bribery and favoritism within the police and judiciary undermine equal application (Transparency International, 2023).
- Political Interference: Politicians may pressure courts or law enforcement to protect allies or persecute opponents.
- Resource Constraints: Weak institutional capacity, lack of trained personnel, and inadequate infrastructure limit enforcement in countries like Liberia (Sawyer, 2005).
- Cultural and Informal Justice Systems: In Africa, traditional or tribal systems sometimes
conflict with formal justice, creating dual standards.
- Public Distrust: Historical abuses by law enforcement erode trust, leading communities to bypass the formal justice system altogether.
These challenges create a gap between the ideal principle of the law’s universality and the reality of selective justice.
Implications for Liberia’s Criminal Justice System
Liberia’s civil war (1989–2003) destroyed much of its justice infrastructure, and rebuilding has been slow. International actors like the United Nations Mission in Liberia (UNMIL) supported reforming the police, judiciary, and corrections system. However, challenges such as tribalism, corruption, and political interference remain (Isser, 2009).
To fully realize the principle that “the law is the law,” Liberia must address structural weaknesses and ensure that justice institutions are both independent and credible. Strengthening professional training (e.g., at the Liberia National Police Academy), ensuring judicial independence, and promoting public awareness of legal rights are critical steps.
Furthermore, Liberia must avoid the perception that elites are beyond the reach of law. High-profile prosecutions of corruption and war crimes, when conducted fairly, can restore public trust in the justice system.
Comparative Lessons
Other countries provide valuable lessons. In Rwanda, post-genocide justice emphasized the principle that accountability applied to all perpetrators, regardless of rank, through both formal courts and community-based gacaca systems (Clark, 2010). In South Africa, the Constitutional Court has repeatedly affirmed that government officials are subject to the same laws as ordinary citizens (Corder, 2014).
These examples show that societies recovering from conflict or authoritarianism can build legitimacy by ensuring that justice is impartial, transparent, and consistent. Liberia can draw on these models to strengthen its own commitment to the universality of law.
Policy and Practice Recommendations
- Strengthen Judicial Independence: Ensure judges are insulated from political interference through tenure security and transparent appointment processes.
- Professionalize Law Enforcement: Expand training programs for police, correctional officers, and prosecutors, emphasizing ethics and rule of law principles.
- Combat Corruption: Establish robust accountability mechanisms, including independent anti-corruption commissions and whistleblower protections.
- Promote Legal Literacy: Educate citizens about their rights and responsibilities, reinforcing that the law applies equally to all.
- Strengthen Oversight Institutions: Empower civil society and the media to monitor justice institutions and expose selective enforcement.
- Integrate Informal Justice Systems: Work to harmonize customary law with formal law to ensure fairness and avoid contradictions.
Conclusion
From a criminal justice perspective, “the law is the law” embodies the rule of law, equality before the law, and the necessity of accountability. It is not merely a statement of fact but a call to action for justice institutions to enforce laws consistently and fairly, without bias or political manipulation.
For Liberia and other post-conflict societies, embracing this principle is essential for rebuilding trust, strengthening democracy, and ensuring sustainable peace.
The success of a criminal justice system depends not only on having laws on the books but also
on the integrity and courage to apply them equally to all. Only then can the phrase “the law is the
law” serve as a true foundation for justice.
The historical setting of law in Liberia is shaped by a pluralistic system—statutory law modeled after the U.S. legal system and customary law rooted in indigenous traditions. Over time, this duality has caused tension and inequality but also reflects Liberia’s unique identity. The country’s legal history shows how political power, conflict, and social division have influenced the principle of “the law is the law,” sometimes undermining its universal application.
About the Author
Professional Profile Summary
Tarpeh L. U-sayee, Jr. is a seasoned Liberian law enforcement professional, criminal justice professor, and police training expert with a solid foundation in international relations, theology, and public service. With over a decade of experience in both law enforcement and criminal justice education, he currently serves as a trainer of the Executive Protection Service (EPS), the Liberia National Police Training Academy and lectures at various private universities in Liberia.
He holds a Master’s Degree in Foreign Service Leadership (International Relations), a Master of Divinity, dual Bachelor’s Degrees in Sociology and Criminal Justice, and an Associate Degree in Management. He is also a prospective doctoral graduate in Church Growth and Ministry.
Mr. U-sayee is a graduate of the Liberia Police Academy, the Louisiana State Police Academy (USA), and the Lagos State Police Academy (Nigeria). As an Apostle and spiritual leader, he brings a unique combination of ethical leadership, academic excellence, and practical field experience. His lifelong mission is centered on peacebuilding, unity, and the advancement of the rule of law in Liberia.
References
African Union (1981). African Charter on Human and Peoples’ Rights.
Beetham, D. (2013). The Rule of Law in Political Theory and Practice. Polity Press.
Clark, P. (2010). The Gacaca Courts, Post-Genocide Justice and Reconciliation in Rwanda. Cambridge University Press.
Corder, H. (2014). Judicial Authority in a Changing South Africa. Juta & Co.
Dicey, A. V. (1885). Introduction to the Study of the Law of the Constitution. Macmillan.
Human Rights Watch (2020). World Report 2020: Liberia.
Isser, D. (2009). Customary Justice and the Rule of Law in War-Torn Societies. USIP Press.
Sawyer, A. (2005). Beyond Plunder: Toward Democratic Governance in Liberia. Lynne Rienner Publishers.
Transparency International (2023). Corruption Perceptions Index. United Nations (2004). Report of the Secretary-General on the Rule of Law and Transitional Justice in Conflict and Post-Conflict Societies. UN Doc. S/2004/616.
Miranda v. Arizona, 384 U.S. 436 (1966).
