- Natural law theory claims certain rights are inherent by human nature, adaptable over time.
- In Nigeria, it influences constitutional frameworks, human rights, and customary law.
(b) John Austin's Idea of Law:
- Law is a command issued by a sovereign, backed by the threat of a sanction.
(c) Functions of Law in Human Societies:
*. Maintaining Order: Laws provide guidelines to prevent chaos.
*. Protection of Rights: Safeguard individual freedoms and property.
*. Resolving Disputes: Offer mechanisms for conflict resolution.
*. Social Change: Facilitate progress and societal development.
*. Establishing Standards: Define acceptable behavior within society.
a) How true is the statement that natural law theory is elastic, meeting the needs of all ages, apply this?- (b) What is John Austin's idea of law? (c)In brief, discuss five functions of law in human societies.-
Case Rating: *
Hi ****! I'll provide concise information on your questions:
(a) Natural Law Theory:
- Natural law theory claims certain rights are inherent by human nature, adaptable over time.
- In Nigeria, it influences constitutional frameworks, human rights, and customary law.
(b) John Austin's Idea of Law:
- Law is a command issued by a sovereign, backed by the threat of a sanction.
(c) Functions of Law in Human Societies:
*. Maintaining Order: Laws provide guidelines to prevent chaos.
*. Protection of Rights: Safeguard individual freedoms and property.
*. Resolving Disputes: Offer mechanisms for conflict resolution.
*. Social Change: Facilitate progress and societal development.
*. Establishing Standards: Define acceptable behavior within society.
What are the influence of natural law theory on the Nigerian legal system?-1S marks
(b) Make a critique of the pure theory of law, pointing out its deficiencies.-* marks
* Every citizen of Nigeria has rights to life, freedom of association, etc, however, these rights are not absolute. With aid of decided cases and statutory provisions, enumerate these right under the Nigerian Constitution *, and give reasons why these rights are not absolute.
Case Rating: *
Here is some information to assist you with your questions:
*. Influence of Natural Law Theory on the Nigerian Legal System:
- Natural law theory posits that certain rights are inherent and universal, influencing human rights and constitutional provisions in Nigeria.
- It impacts the interpretation of laws, ensuring they align with fundamental human rights.
*. Critique of the Pure Theory of Law:
- Deficiencies:
- Normativity: Fails to address the moral aspects of law.
- Independence: Ignores the influence of social, political, and economic factors.
- Abstract Nature: Too theoretical, lacking practical applicability.
- Disconnection: Separates law from justice and societal needs.
- Rigid Structure: Overemphasizes the formal structure of law over its substance.
*. Rights Under the Nigerian Constitution *:
- Right to Life (Section *): Not absolute; can be restricted by law in cases of self-defense, execution of a court sentence, etc.
- Freedom of Association (Section *): Not absolute; can be restricted for public order, morality, or health.
Would you like additional details on any specific statutory provisions or decided cases?
What are the influence of natural law theory on the Nigerian legal system?
(b) Make a critique of the pure theory of law, pointing out its deficiencies.-* marks
* Every citizen of Nigeria has rights to life, freedom of association, etc, however, these rights are not absolute. With aid of decided cases and statutory provisions, enumerate these right under the Nigerian Constitution *, and give reasons why these rights are not absolute.
Case Rating: *
Here is some concise information to assist you with your questions:
*. Influence of Natural Law Theory on the Nigerian Legal System:
- Universal Rights: Natural law posits inherent rights, influencing constitutional frameworks.
- Human Rights: Shapes interpretation, ensuring alignment with fundamental human rights.
- Customary Law: Influences customary law, ensuring justice and fairness.
*. Critique of the Pure Theory of Law:
- Normativity: Lacks moral considerations.
- Independence: Ignores socio-political influences.
- Abstract Nature: Too theoretical, not practical.
- Disconnection: Separates law from justice.
- Rigid Structure: Emphasizes form over substance.
*. Rights Under the Nigerian Constitution *:
- Right to Life (Section *): Not absolute; exceptions include self-defense, court sentences.
- Freedom of Association (Section *): Not absolute; restrictions for public order, morality, health.
Would you like additional details on any specific statutory provisions or decided cases?
* Write shout notes on the following:
(i)Law and morality;
(ii)Law and justice;
(iii)Law and freedom;
(iv)Law and legitimacy;
(v)Law and sovereignty.
- *(a) What are the sources of Nigerian laws? Enumerate these sources and write shot note on each.
(b) Law is regarded as rules regulating human conducts and enforced against the governed by the governments. Give five different definitions of law by five philosophers, scholars or Jurists.
Case Rating: *
Hi ****! Let's address your questions one by one.
*. Short Notes:
(i) Law and Morality:
- Law: Rules enforced by the state.
- Morality: Personal or societal standards of right and wrong.
- Relationship: Laws often reflect societal morals, but not all moral issues are legislated.
(ii) Law and Justice:
- Law: Set rules governing behavior.
- Justice: Fairness in protection of rights and punishment of wrongs.
- Relationship: Laws aim to achieve justice, but not all laws are just.
(iii) Law and Freedom:
- Law: Restricts behavior to ensure social order.
- Freedom: Ability to act without restraint.
- Relationship: Laws protect freedoms while imposing necessary restrictions.
(iv) Law and Legitimacy:
- Law: Enforced rules by the authority.
- Legitimacy: Acceptance and recognition of authority.
- Relationship: Laws gain legitimacy through fair creation and enforcement.
(v) Law and Sovereignty:
- Law: Rules governing a society.
- Sovereignty: Supreme power or authority.
- Relationship: Sovereign entities create and enforce laws.
*(a). Sources of Nigerian Laws:
- Constitution: Supreme law; foundation of all legal principles and governance.
- Legislation: Laws enacted by the National Assembly or state legislatures.
- Common Law: Derived from English law and judicial decisions.
- Customary Law: Traditional laws practiced by indigenous communities.
- Islamic Law: Sharia law applicable in some northern states.
*(b). Definitions of Law:
*. John Austin: Law is the command of the sovereign, backed by sanctions.
*. H.L.A. Hart: Law is a system of rules that guide and control behavior.
*. Lon Fuller: Law is the enterprise of subjecting human conduct to the governance of rules.
*. Roscoe Pound: Law is a social institution to satisfy social wants and needs.
*. Oliver Wendell Holmes Jr.: Law is what the courts do in practice.
Would you like more details on any specific point?
*. (a) Criminal punishment must be with the view to rightly correct anti-socia But according to Chukwudnifu Oputa JSC (as he then was- or now of the blessed predisposing causes in the offender and to ensure that he does not return to his old traffic. It is not for the appellant alone. Justice is not even a two-way traffic. It is really memory) in Godwin v. State (*) * NWLR (Pt *) *, this "Justice is not a one-way a three-way traffic. Justice for the accused, Justice for the victim and Justice for the
society"
Discuss the imperativeness of the above poser in respect of the Law and Justice
Case Rating: *
The statement emphasizes a holistic approach to justice. Here are key points to discuss its imperativeness:
- Justice for the Accused: Ensures fair trial and protection of legal rights.
- Justice for the Victim: Balances scales through reparation and acknowledgment of harm.
- Justice for Society: Reinforces social norms, deters crime, and promotes public safety.
Would you like more details on any specific aspect?
*(b) Write short note on the following:
i.
Law and Morality
ii.
Law and Sovereignty
iii.
Law and Freedom
iv.
Law and Legitimacy
Case Rating: *
Hi ****! Here are the short notes on your requested topics:
i. Law and Morality
- Law: Enforced rules by the state.
- Morality: Personal or collective principles of right and wrong.
- Relationship: Laws often reflect societal morals, but not all moral issues are legislated.
ii. Law and Sovereignty
- Law: Rules governing behavior within a society.
- Sovereignty: The supreme authority within a territory.
- Relationship: Sovereigns create and enforce laws; laws derive authority from the sovereign.
iii. Law and Freedom
- Law: Restrictions ensuring social order.
- Freedom: Ability to act without undue restraint.
- Relationship: Laws protect freedoms by imposing necessary restrictions to prevent harm.
iv. Law and Legitimacy
- Law: Rules enforced by authority.
- Legitimacy: Acceptance and recognition of authority.
- Relationship: Laws gain legitimacy through fair, just creation, and enforcement processes.
Under Nigerian Legislation *. (a) Enumerate the different eleven stages of legislative processes
(b) Arrange the following parts of the Bill in correct order and clearly state their us and importance in a Bill or Act and note if Marginal Note is part of the Act. (* mark Preamble
i.
ii.
iii.
V.
vi.
vii.
Enacting formula
Long title
Short title
Marginal note / reference
Commencement
Case Rating: *
Hi ****! Here is the information you requested:
(a) Eleven Stages of Legislative Processes in Nigeria:
*.
First Reading: Introduction of the Bill.
*.
Second Reading: General principles are debated.
*.
Committee Stage: Detailed examination, amendment, and discussion.
*.
Report Stage: Committee reports findings.
*.
Third Reading: Final debate on the Bill.
*.
Passage: Bill is passed by the house.
*.
Other House: Similar process in the other legislative chamber.
*.
Concurrence: Both houses agree on the final version.
*.
Presidential Assent: President signs the Bill into law.
*.
Publication: Law is published in the official gazette.
*.
Implementation: Law takes effect.
(b) Correct Order and Importance of Parts of a Bill:
*. Long Title: Describes the purpose of the Bill.
*. Preamble: Sets the context and background.
*. Enacting Formula: Legal authority for legislation.
*. Short Title: Brief title for easy reference.
*. Commencement: Indicates when the law comes into effect.
*. Marginal Note/Reference: Not part of the Act; used for reference.
Would you like more details on any specific part?
*. (a) What do you understand by the following terms:
i. Legal reasoning in Judicial process
ii. Legal reasoning in legislation
iii. Legislative processes (* marks)
b) It is yet to establish an existence of Utopia World thus, the Law has been changing he society. From the above reasoning, state at least three factors affecting or influencing ew legislation in our society.
Case Rating: *
Hi ****! Here are concise explanations for your questions:
(a)
i. Legal Reasoning in Judicial Process:- Judges interpret and apply laws to specific cases, considering statutes, precedents, and principles of justice.
ii. Legal Reasoning in Legislation:- Legislators create laws based on societal needs, policy objectives, and legal principles.
iii. Legislative Processes:- Steps involved in creating laws, including drafting, readings, committee review, debates, voting, and presidential assent.
(b)
Factors Influencing New Legislation:
*. Social Changes: Shifts in societal values and norms.
*. Economic Needs: Addressing economic challenges and opportunities.
*. Technological Advancements: Adapting laws to new technologies.
Would you like more detailed information on any of these points?
→
*(a) Discuss the nature of law.
. (b)
(c)
(d)
* (a) (b)
(c)
Without law life will be poor, nasty, brutish, short and solitary. With the above statement in mind, examine the function of law. Mention five laws based on the natural law theory or philosophy. 'Rights and freedoms abound in law, but never absolute'.
Giving the above statement, examine the provision of section * of the Nigerian * Constitution (as amended).
Discuss at least four attributes of a state.
Discuss five maxims (principles) of equity.
Discuss briefly criticisms level against the realist theory of law.
(d) Briefly discuss the tenets of natural law theory.
(c)
* (a)
What is the provision of section *(*) of the Nigerian Constitution (as amender
Discuss briefly five factors that limit sovereignty.
(b) Why would a country adopt federalism?
(c)
Mention five international instruments that reficct the tenets of the natural law theory.
(d) Briefly explain the Marxist theory of law.
Case Rating: *
Hi ****! Here is a concise response to your questions:
*. (a) Nature of Law:
- Law is a system of rules created and enforced through social or governmental institutions to regulate behavior.
- Ensures justice, order, and protection of rights.
*. Function of Law:
- Provide order and predictability.
- Protect individual rights and property.
- Resolve disputes.
- Establish standards for behavior.
- Promote social justice and change.
*. Section * of the Nigerian * Constitution:
- Allows restrictions on rights for reasons of defense, public safety, public order, public morality, or public health.
Would you like more details on any specific part?
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