LEGAL REASONING IN JUDICIAL PROCESS
As man carries out his day to day interactions with his fellow man, there is likely to be strife and disagreement amongst them. This necessitates the need for a process of resolving these disputes. This is where the judiciary comes into play. The judiciary is the body of judges in a jurisdiction that administers justice according to the laws of the land. As law students, some of which are likely to end up being judges, it is pertinent that we study the way legal reasoning in the judicial process occurs. Continue reading “LEGAL REASONING IN JUDICIAL PROCESS”
WHAT IS LEGAL REASONING
The main purpose of studying legal method is to equip the law student with the right tools to enable him to think like a lawyer. This is what would be addressed by discussing legal reasoning. To understand it better, it would be best if the meaning of legal reasoning is expatiated upon. Continue reading “LEGAL REASONING AND APPROACH TO PROBLEMS”
Before a society can be said to be sane, there have to be means by which that society regulates the conducts of its members. If everyone in a society is left to do as he wills, there might end up being no society. This is due to the fact that the absence of regulation would breed anarchy, making life “nasty, brutish and short”. It is due to this that every society has means by which it regulates the conduct of its members. This regulation of conduct is known as social control. Continue reading “METHODS OF SOCIAL CONTROL THROUGH LAW”
There are different meanings of the word law. Perhaps this is best conveyed by the view of Baron De Montesquieu in his book, Spirit of the Law, where he wrote:
“Laws in the wider possible connotations are any necessary relation arising from a thing in nature. In this sense, all beings have their laws; the Deity his laws, the material world it laws, the intelligence superior to man its laws, the beasts their laws, man his law…” Continue reading “Types and Classifications of Law”
LAW AND MORALITY
As previously stated, any means of social control which is not backed by law can at best be said to be a moral rule. However, there is a two way relationship between the law and morality. Most laws evolve from moral principles over time, making morality a very important influence on the laws of a particular society. Continue reading “LAW AND MORALITY”
Although a definition of law has been given previously, it is at best an ad-hoc definition. It can be said that there are as numerous definitions of law as there are lawyers. This section deals with the understanding of law according to the perspectives of different people.
Continue reading “Everything you need to Know about the Theories of Law”
WEEK 1: Introduction To Sources Of Law : Primary Sources
MEANING OF SOURCES OF LAW
Sources of law can be defined as the places to which a legal practitioner or a judge turn to in order to answer a legal problem. They are spring boards from which law emanates. They are divided into primary and secondary sources.
Primary sources of law are those sources whose provisions are binding on all courts throughout their jurisdictions. They include: Continue reading “NIGERIAN LEGAL METHOD II”