SLC22-W1 / Basic Notions of Law.
Introduction |
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Every society is ruled by a set of laws that guide the behaviour and lifestyle of the people. Without the law, individuals living in society would've lived a care-free life and the society would have been chaotic, filled with crime and lawlessness. That's why, law in every society is very important as it is made to guide, regulate and punish offenders equally.
Say in your own words and based on what was explained in class: What is law? |
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Law is a body of rules and regulations or laid down principles that guides the behaviour of people and their relationship with one another in the society. The law is meant to guide, regulate and enforce obedience on the citizens, and where necessary, punish offenders.
Considering the explanations given in class, according to the law and the laws of your country, I pointed out two examples of "Objective Law" and two examples of "Subjective Law". |
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Objective Law
In Nigeria, the law prohibits illegal growing, selling, importation, and consuming of Indian hemp. Laws such as this are an objective law.
Subjective
I am a citizen of Nigeria, I have the freedom of speech to speak out my views on matters of concern in my country as long as it doesn't injure people's images or personality. This is a subjective law which is my right as a citizen.
Also, as a citizen of Nigeria, I am entitled to free movement without restriction except if I'm being suspected of any criminal activity.
Case study:
A citizen is driving a vehicle on the road and disregards the traffic light. Seconds later he is stopped by a traffic police officer and this citizen claims that he disregarded the traffic light because he was in a hurry to pick up his son and take him to the hospital because he is feeling unwell.<
Based on what you have learned, please state in which part of the case Objective Law and Subjective Law are present. |
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Objective Law
As a citizen, he is to obey traffic rules which he did not.
Subjective
Also, as a citizen, he is entitled to movement and use public facilities such as the hospital.
However, as a citizen, everyone is meant to obey the law. In this case, the traffic law is to be obeyed no matter the situation or condition you may face, without any excuse.
And on the other hand, the law doesn't prohibit anyone from movement or using any public facility such as the hospital. Also, the law doesn't stop anyone from saving the lives of other people.
Based on what you have explained in class, make a comparison and according to the law of your country. Give an example of a law and an example of a norm. |
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Bassey lives in a neighbourhood where Mrs Ifiok sundries cashew nuts outside her home. Whenever the nuts are dried, Bassey must leave his apartment to take a good amount of the nuts without Mrs Ifiok's knowledge. To Bassey, Mrs Ifiok is a woman, while he is a man. According to him, while Mrs Ifiok dries the nuts, she doesn't acknowledge his presence.
Law
In Nigeria, you are not permitted to take another person's item without the knowledge of the owner, that is theft.
Norm
It is a norm to acknowledge and respect people, especially elders, and not a law.
Here in Nigeria, acknowledging people's presence is a norm and not a law. But unlawful taking of people's items (theft) is a law, and it's prohibited.
Case study:
Mr. Juan Perez rents an apartment but his financial situation is getting worse and he has not paid for 3 months. On one occasion, a meeting of apartment owners was held and the owner of the apartment where Mr. Juan Perez lives brought the case to the attention of the owners of the other apartments. They took the opportunity to say that they have received complaints from the neighbors of the building because Mr. Juan Perez has 4 dogs as pets in his apartment, something that is prohibited in the building's rules of coexistence.<
Analyze and explain in which part of the case Mr. Juan Perez is violating a law and in which part he is violating a norm. |
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Violation of law
Mr Perez, before or after acquiring his apartment, was given a tenancy agreement or contract where certain rules were laid down. One of the rules is the prohibition of pets in the area, especially dogs that could disturb the peace of the neighbourhood.
Now, during his stay in the neighbourhood, Mr Perez has violated the earlier agreement not to own pets such as dogs.
His possession of these pets has disturbed the neighbours, thereby infringing on their rights.
Violation of Norm
I have also noticed that apart from the violation of law, Mr Perez has also violated the norm because, as you rent an apartment to live, it is the norm that you pay the landlord and not a law, because the owner may permit you to live for free, understand your situation or let go of your debt. Owing the landlord for 3 months without payment meant that he had violated a norm.
Explain in your own words what importance Comparative Law has for you according to what you have seen in class. |
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Comparative law is a combination of and striking a difference between the laws of different countries.
To me, comparative law is important in the following ways:
Comparative law widens my knowledge and understanding of international law.
It gets me acquainted with the laws practised in other countries of the world. It has similarities and differences with the one practised in my country.
It enables me to better understand the laws of my country. By comparison, I'll get to know how and why certain laws are made in my country.
Extensively, comparative law can help to improve the law and the legal system of my country because it will expose a legal system or a government to realise their weaknesses and work on improving on those aspects of the law.
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