Law simply means “that which is laid down, ordained or established; a rule or method according to which phenomena or actions co-exist or follow each other. That which must be obeyed and followed by citizens subject to sanctions or legal consequences is a “law.”
Classification of Law
(i) Public Law deals with the State in its political and sovereign capacity e.g. Criminal Law, Administrative and Constitutional Law.
(ii) Private Law is administered between citizens. It deals with enforcement of rights e.g Contract, Family Law, Torts, Trusts and Succession.
(iii) Public International Law consists of rules regulating relationship amongst sovereign states.
(iv) Private International Law is also called “Conflict of Laws,” that is, differences between the municipal laws of different countries. It arises from the diversity of laws of the different nations and the need to reconcile the inconsistency e.g. Marriage laws.
Law, Morals and Religion
(i) Law consists of rules and regulations.
(ii) Law varies from culture to culture hence the problem of universally accepted definition. Law is therefore better described in line with what it does in a particular setting.
(iii) Morality is premised on human behaviour. It is based on the notion of what is good or bad or what is right or wrong in the circumstance. Ability to enforce law is the main distinction between law and morality. Law, if disobeyed, is punitive. Violation of moral precepts leads to social sanction repulsion, indignation or surprise
(iv) Religion guides the morals of a given society by preaching what is good or bad. It impacts on the inner spiritual being of the people. According to Philosopher Karl Mark, ‘Religion is the opium of the people.’
(v) Law is essentially premised on authority and command. Austin (John) said. “It is the command of the commander to the commanded and as such, it must be obeyed, good or bad.” Bad laws may still be valid e.g. in Hitler’s Germany or Saddam Hussein’s Iraq.
Concept of Justice
Justice means the idea of fairness according to law.
The idea of justice is highly instrumental to the understanding of law.
Justice is all about the just and fair application of legal rules with emphasis on fair hearing, natural justice and adherence to the due process of law. Justice is synonymous with peace in the society. The antithesis of justice is chaos and anarchy.
Justice also relates to the fair and equitable distribution of obligations and opportunities in the society
Rule of Law
- The concept of rule of law pre-supposes that all activities within the society should be done according to laid down procedures. There should be no arbitrary actions by individuals, groups or institutions of governance.
- The idea of Rule of Law was propounded by A.V. Dicey, an English constitutional law expert who summarized it under the three principles of legality, equality and impartiality. Access to these implies freedom, liberty and justice for the citizens.
- Society would be orderly and peaceful. Economic, social and political development would be assured.
Fundamental Human Rights
Fundamental human rights are those categories of rights to which citizens are naturally entitled. They are inalienable rights that cannot be ordinarily derogated from. Those outlined in the 1999 Constitution (as amended) among others include:
(a) Right to life (s. 33)
(b) Right to dignity of human person (s. 34)
(c) Right to personal liberty (s. 35)
(d) Right to fair hearing (s. 36)
(e) Right to private and family life (s. 37)
(f) Right to freedom of thought, conscience and religion (s. 38)
(g) Right to freedom of expression and the press (s. 39)
(h) Right to peaceful assembly and association (s.40)
(i) Right to freedom of movement (s. 41)
(j) Right to freedom from discrimination (s. 42)
(k) Right to acquire and own immovable property anywhere in Nigeria (s. 43) Section 44 enacts that there shall be no compulsory takeover of property without adequate compensation
Functions of law in the society
(i) Maintenance of law and order
(ii) Ensuring national unity and cohesion
(iii) Resolving conflicting interests
(iv) Serving as means of social cleansing
(v) Serving as means of social engineering
(vi) Serving as means of correcting and guiding the people
(vii) Articulating and re-orientating human behaviour within the society
(viii) Ensuring the smooth ordering of affairs within the society
(ix) Conferring rights and imposing obligations and duties on the citizens and the government alike
(x) Manifesting and reflecting the ethos of the society. A society gets the type of law that suits its polity.
Sources of Nigerian Law
(i) Primary sources
- Received English Law – Common Law, Equity, Statutes of General Application as at January 1, 1900
- Nigerian Legislation and Statutes e.g., Hire Purchase (HP), Company and Allied Matters Act (CAMA), Sale of Goods Act (SOGA), Labour Act, Insurance Act.
- Judicial Precedents and Case Laws
- Delegated Legislation – Statutory Instruments and Ministerial Orders.
(ii)Secondary Sources
- Customary/Islamic Law: The Repugnancy Doctrine states that customary/Islamic law.
• Must not be repugnant to natural justice, equity and good conscience.
• Must not be contrary to public policy and
• Must not be incompatible with any law for the time being in force
- International law – Conventions, Treaties Protocols e.g., Economic Community of West Africa (ECOWAS). African Union (AU), United Nations Organisation (UNO).
- Books by Authors – interpretative opinions.
What is Business Law
Business or Commercial law or Mercantile law, also known as trade law, is the body of law that applies to the rights, relations, and conduct of persons and businesses engaged in commerce, merchandising, trade, and sales. It is often considered to be a branch of civil law and deals with issues of both private law and public law.
Posted by: Monday Desmond
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