Hello friends!
No man is above the law and no man is below it: nor do we ask any man's permission when we ask him to obey it...
Say in your own words and based on what was explained in class: What is Law? |
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Law is designed to convey a sense of order and define what is expected and how things should be. It outlines the norms and values that are legally established for a community or society. Law also include methods for resolving disputes when they arise. By maintaining order, laws provide clear goals and guidelines that facilitate the pursuit of peace and a conflict-free environment.
Laws are also created to safeguard our rights because human rights are essential for a life free from fear and injustice, with freedom and access to basic needs being the most important. Finally, laws exist to correct, regulate, and enhance human coexistence.
Look at the explanations given in class, according to the law and laws of your country. Point out two examples of "Objective Law" and two examples of "Subjective Law". |
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An objective law, is a law that clearly defines what a crime is, what actions are not allowed, and the penalties someone would face for breaking those rules. These laws set out general principles that judges use when deciding specific cases. Examples include;
Human custody Law
The law says that children, young people, and the elderly must be safeguarded against exploitation and neglect, both moral and material. It sets clear rules and standards that can be measured, including factors like age, health, and the physical and emotional needs of children.
Law of equality of rights
The law says that every citizen has the same rights, duties, and chances under the law.
Subjective law is a type of law that relies on a person's views, feelings, and situations rather than on objective facts. It applies to contracts where certain personal expectations are included.
Substantive law refers to the laws that deal with the real issues or wrongs involved in a legal case. It includes both civil and criminal laws. For instance, criminal substantive laws define what constitutes crimes like murder, arson, or theft. On the other hand, civil substantive laws outline wrongs such as trespass or defamation.
Practical case: Say according to what you have learned, where in the case the Objective Law and the Subjective Law are present. |
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The law will be enforced if the man ignores the traffic light. The light is there to protect everyone, including him. If he breaks this rule, he could hurt himself or others on the road. This is why fines are issued to those who break the law, as it must be followed no matter what someone wants, as I learned in class.
On the other hand, the man's son has the right to receive medical care. He can call for an ambulance while heading to his father. Ignoring the traffic light could lead to the father getting injured or harming an innocent person. We can say that subjective law is applicable here.
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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A law is enforced by the government of a state and is valid as long as you are in that state. Laws are stable and apply everywhere, with only a few exceptions. In contrast, a norm is shaped by social institutions and can vary between different groups. Norms, however, can differ depending on the social group that establishes them.
Examples of law in my country
Criminal Law
This law outlines actions that are harmful to society, such as theft, assault, and murder, and makes them illegal.
Customary Law
This law comes from the customs and traditions of Nigeria's different ethnic groups. It helps settle disputes and guides behavior within these communities.
Examples of norms in my country
The Right Hand Syndrome
You should greet others using your right hand. When receiving items from older people or anyone else, use your right hand. Eating with your right hand is also important; otherwise, people may think you are rude, disrespectful, or acting out.
Being Kind in Public
It's important to keep negative feelings to yourself when you're out in public. You shouldn't embarrass anyone, including yourself. It's best to act polite and show that you care about others, even if you feel angry, frustrated, or impatient. Such feelings should be kept private.
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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Looking at the explanation from the lesson, a law is... The instrument for social coexistence.
Paying rent is a legal obligation in Nigeria. It is included in the tenancy agreement for renting any apartment, making it enforceable by law. Therefore, Mr. Perez is breaking the law.
Additionally, if Mr. Joan agreed to a "no pet" policy, which is often included in the tenancy agreement, he is also breaking the law, and legal action could be pursued against him.
If this policy is not part of the agreement, then Mr. Joan is not breaking a law but rather a social norm, which is established by community standards rather than the government.
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 plays a crucial role in lawmaking in Nigeria. It aids in reforming various parts of our legal system, particularly the criminal justice system. Moreso, it allows us to observe and comprehend how legal systems evolve over time, how changes occur, and how we can improve our lawmaking process.
I invite @mariami @nancy0 @pandora2010