SLC22-W1 / Basic Notions of Law.
Nsijoro has been called to the bar, so let's speak law. Law wouldn't have been established if not that humans tend to go wild and do things as people without a leader; right from the beginning, man sought a leader, an authority, but tended to disregard this authority in the long run. This led to the creation of laws because as far as there is an authority, it must be obeyed.
To also instil equity in the system, both the authority and the followers are not left out of this law, meaning that anyone who offends one deserves and must truly be punished following the punishment guiding non-compliance/breaching/contravening the law.
Definition of law |
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The law can be defined in different ways based on the area of applications, e.g., economic law, common law, positive law, etc. It best defines this concept, so we can say in general that A LAW IS A SET OF RULES THAT GOVERN A PARTICULAR SECTOR, AND A BREACH OF IT ATTRACTS PUNISHMENT. We shouldn't fail to understand that whenever there is a law, there must be punishment attached, whether minimal or severe. So we can say the law attracts punishment, or they are in pari passu.
Objective and Subjective Law in Cases 1 |
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The objective law here is driving law; it has been said and documented that drivers must stop on seeing the traffic light displaying the colour red. This is universally applicable to all drivers, and that means it is a standard that must be followed despite the circumstances.
The subjective law seen here is the personal reason for disregarding the traffic light; this is a benefit the citizen must enjoy. This part of the infraction is based on the circumstances and emotional factors; in this case, the two laws conflict, and in making a decision, this must be considered by the officers as an external effect on the objective law.
Give an example of a law and an example of a norm |
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Before proceeding, I came across a flier in the faculty of law a month ago at the university, and the inscription was written and unwritten law with some Latin words that I can't recollect at the moment.
So I came to discover that norms and law are unwritten and written law, respectively; a law is created by a legislative body, enforced by the state or country, and effective on everyone.
Law
Production Law/NAFDAC Law: This law has many embodiments, but I will be picking one...
Any edible substance massively produced for human consumption, drugs whether herbal or medical, must have a NAFDAC registration number.
Norms
Dressing Code for Northern Women and Some Universities: Women/ladies are expected to dress modestly, cover their hair or the whole body, or, in general, cover their nakedness.
Analysing the case to see a breach of norms and laws |
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This case is quite simple: Mr Juan Perez's failure to pay rent is a breach of contract and tenancy agreement. This is punishable by the law because before becoming a tenant, he may have signed a document indicating that at a certain time the next year, his rent will be expiring, and he is expected to renew it; inability to renew this rent is a breach of a landlord-tenant agreement.
Let me be rhetorical as a lawyer: what if only dogs were prohibited and Mr. Juan decided to keep cats instead? Do you think it is a violation? It wouldn't be since the law hasn't covered the animal species, cats, so in this case, this is a norm despite it being prohibited; this is the building coexistence rule.
Explain in your own words what importance comparative law has for you according to what you have seen in class |
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The legal system in Nigeria may not be the same as in Venezuela, so comparative law, as the name implies, helps to compare different legal systems. In cases where legal issues transcend national borders, it can be used to set certain standards that may be favourable for all.
Law students bring up cases judged in different states and countries, and this helps them analyse which case was judged better and the best practices and approaches towards each case.
Punishment for breaching most laws may be too extreme, so comparative law helps compare punishment from different countries or even sets a standard punishment for all cases.
I would love to see entries from @graceleon @bossj23 @whizzbro4eva, I would also love to see my lawyer friend @fideliz join this contest
Indeed, the existence of law in our society stems from the reality or inevitability of class struggle, conflict of interest in the society and the inherent wicked nature of man.
The Law is always faced with different interpretations as to its functions in the society and the basis of this diverse perspective results from the different and unequal positions we occupy in the society.
The author, @Nsijoro has painstakingly analysized the basis of law and it's primary roles in the society.
Additionally, some features of law that will be of interest to note are as follows:
1)TERRITORIALITY: Obviously, there's no society without regulations which regulates and order human relationship including the transactions carried out . However, there is to every law what is called territoral limit and what it implies is that law is enforcible within a particular place. For instance, in Nigeria, there is a law against same sex marriage and this law is only enforceable in Nigeria as there exist; with legal backup same sex marriage in US.
(2) LAW IS MAN MADE: It is a known fact that the law or whatever is called at any level is not made by God even though there exist some laws made by God as contained in the scripture and other religious books. Law is generally made by human beings and the name given to this law Makers varies from place to place. Citing Nigeria again, the body saddled with the responsibility of law making in the federation is the Senate and Federal House of Representative,in the various States is the House of Assembly and Legislature at the level of Local government Areas while in US,is the House of Lords and Commons.
Interestingly, the name given to law is different according to the body making the law as well as the system of government.
From the above, laws made by the Federal Legislative body is called Acts
Laws made by the state Legislative body is called laws and laws made by the Local Government Area Legislative body are called Bye-Laws. While laws made during military regime are called Decrees and edits respectively.
Broadening the distinction between Norms and laws as noted by the author, @Nsijoro ,it is important to add that Norms are societal body of rules of conduct without sanction or punishment.
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3 LAW IS NORMATIVE: Basically, what this means is that, law regulates human activities, prescribing and directing how citizens should behave and at the same time prohibiting certain conducts that will endanger peaceful co-existence and sociatal development.
I commend the author @Nsijoro for his indept research in the legal profession.
I needed some time to digest this before replying, this comment just reminded me that there is a law that is against same sex marriage in Nigeria and different in the US, I never knew those bodies that regulate laws in the US are the House of Lords and Common, what can I say about this a lawyer is speaking.
I have learnt here that Norms has not punishment attached focusing on shaping the individual behaviour and state of mind towards others.
I wasn't able to participate this week, and I am sure this week my schedule will favour me to participate, I was so happy when I saw your reply, it seems commenting is easier than posting, I will drop the next challenge link on your dm on whatsapp, so you can participate, I will be very happy to see your entry as a lawyer your entry will bring much exposition to the concept, I told you, you will love this place. Your writeup is very informative.
Thank you so much sir
You are welcome sir
X PROMOTION LINK
https://x.com/nsijoro/status/1874430394860523879