PUL 101 - Introduction to Nigeria Legal Method I

Course Facilitators

Prof. S. A. Coker

Dr. Mrs. Olaitan Olusegun

Dr. M I Koyejo

Compiled by: Aristocrat✞

Course Outline

1. Law in Social Context

a. Nature and Functions of Law in Society

Law, Order, and Justice

Law and Freedom

Law and the State

Law and Legitimacy

Law and Sovereignty

b. Aspects of Law

Eternal Law

Divine Law

Natural Law

Human (Positive) Law

c. Methods of Social Control through Law

Law Panel Control

Grievance Remittal Method

Private Arranging Method

Constitutive Method

Administrative Regulatory Method

Fiscal Method

Conferral or Social Benefit Method

2. Legal Reasoning and Approach to Problems

Principles, Standards, and Issues in Law

Legal Rhetorics and Legal Logic

3. Legal Reasoning in Judicial Processes

Sifting of Facts and Law in the Court

Ratio Decidendi

Precedents

4. Legal Reasoning in Legislation

Legislative Proposals

Legislative Drafting

Legislative Processes

5. Semantics in Law

Formality and Precision in the Use of Language

Distinctiveness of Legal Language

Ambiguity, Vagueness, and Open Texture

6. Construction of Statutes

Codification of Laws
7. Classification of Law

Common Law & Civil Law

Common Law & Equity

Public and Private Law

Civil and Criminal Law

Substantive and Procedural Law

Written and Unwritten Law

TYPES OF LAW

1. Eternal Law

Laws that are derived from eternity. They are laws that have been in existence and will continue to
be in existence. They are constant, everlasting, and universal.

Examples: The law of gravity, law of cause and effect, law of day and night.

2. Divine Law

These laws are principles, rules, and guidelines that have been ordained by a divine being.

Examples: The Ten Commandments, Sharia, etc.

Example of application: Marriage. It is not a command.

3. Natural Law

Laws that are enacted based on moral principles of right and wrong.

4. Positive Law

Positive laws are not concerned about morality. Once laws go through the normal procedure, they
are fine, whether right or wrong.

Defined by John Austin as commands laid down by a sovereign entity to inferior people.
Criticisms of John Austin's Positive Law:

1. Not all laws are commands. For example, writing a will is not a command but an act of free will.

2. John Austin's view can lead to dictatorship.

3. No one is above the law, including the sovereign laying down the law.

CLASSIFICATION OF LAW

1. Public and Private Law

Public Law: A branch of law that regulates the relationship between citizens and the state.

Examples:

Constitutional Law: Stating how various arms of government should operate, the rights of
individuals, and the rights of the government.

Administrative Law: How ministers of the state and bodies operate.

Criminal Law: When a crime has been committed, it is committed against the state.

Private Law: Deals with the relationship between individuals.

Examples:

Law of Torts (e.g., negligence between a doctor and patient, trespass).

Family Law.

Employment Law.

2. Civil and Criminal Law

Civil Law:

Deals with issues that are not crimes.

Purpose: To uphold the rights of individuals, obtain compensation for damages suffered, or
enforce a particular action/inaction.

Standard of proof: Evidence is not as stringent as in criminal cases.

Criminal Law:

A crime has been committed, which is forbidden by the state.Purpose: To ensure law and order.

Prosecutors take up cases on behalf of the state.

Standard of proof: Evidence must be beyond reasonable doubt.

3. Domestic and International Law

Domestic Law: Laws that operate within a particular country.

Examples:

The 1999 Constitution (as amended in 2012).

The Child Rights Act.

International Law: Laws that govern the relationship between countries.

4. Substantive/Residual Law and Adjectival/Procedural Law

Substantive Law: Laws that define the rights, responsibilities, and liabilities of persons in a
particular rank of law.

Procedural Law: Laws that set out procedures by which we can achieve a particular aim.

5. Customary Law and English Law

Customary Law: A custom is a way of life, something you are accustomed or used to. A custom is
peculiar to a particular society and has been in place even before the British came. After these
customs have been practiced for a long time, they become customary law.

Example: Payment of bride price has become customary law.

English Law: Laws that were received into Nigeria when the British colonized the country.

6. Written and Unwritten Law

Written Law: Laws that have been codified into a single document.

Examples: The Constitution, statutes.

Unwritten Law: Laws that are not codified in a single document but have been recognized over
time.

METHODS OF SOCIAL CONTROL

*What is Social Order?*

The establishment of order in a society is a foundational requirement before the institution of any
system to regulate the conduct of the people in it. Societies have to set up rules, laws, and
regulations to promote social order, peace, and stability to avoid making life difficult for its
inhabitants.

*What is Method of Social Control?*

It can be defined as a way or technique in which a society uses to reduce the amount of crime
committed in its society.

*Methods of Social Control*

1. The Penal Technique

This is achieved with the use of criminal law in order to discourage deviant behavior. The Penal
Technique spells out conducts which are prohibited, the penalty for breach, the procedure for
punishing offenders. The Police, Lawyers, and Courts are very important agents of the Penal
Technique. This technique might seem harsh, but it has its benefits, which include:

i. It prevents people from committing crime.

ii. Reduction in crime rate.

iii. Takes away the deviant in the society and puts them in correctional facilities.

iv. The technique applies to everyone, as no one should be above or exempted by the law.

*Alternatives to The Penal Technique*

A. Non-intervention

Even if it is desirable, it is not possible for the society to criminalize or penalize every socially
reprehensible conduct, so the law makes use of community service, etc.

B. Warning or Caution

The case is exemplified by instances where an offender is warned in consequence of trial. For
instance, when one's phone rings in court, they warn such person, but if it continues for a number
of times...

C. Self Help/Reciprocity

These are techniques such as Jungle Justice or extra-Judicial activities. An eye for an eye and a
tooth for a tooth approach, but this often leads to chaos.

D. Compound

When someone commits an offense, but there's an agreement with the plaintiff not to sue the
person who has committed the crime.

2. THE GRIEVANCE REMEDIAL TECHNIQUE

This is mostly used in civil cases. It establishes some substantive legal rules, principles, and
standards which create legal rights and remedies to back up the rights which can be invoked in
case of breach.

Alternatives to Penal Technique

It ensures that the wrongdoer may be prosecuted for the criminal aspect and at the same time be
sued for damages.

Private settlement

The law permits parties to make private arrangements for settlement of disputes, e.g., Plea
Bargaining.

Insurance

The party can choose to deal with the matter solely in terms of insurance cover.

Arbitration

3. PRIVATE ARRANGING TECHNIQUE

The government will provide a framework of rules to be followed and leave you to take your
decisions, e.g., the Marriage Law; you can choose to marry or not.

4. THE CONSTITUTIVE TECHNIQUE

It involves the creation of a Limited Liability Company. One doesn't necessarily have to form a
company, but if you want, you must follow the laid-down rules and regulations to bring it into
existence.

5. ADMINISTRATIVE REGULATORY TECHNIQUE

6. FISCAL TECHNIQUE

It involves imposition of taxes on the citizen/good and services of the country. It helps in making
equilibrium between the have and have not.

7. CONFERRAL OF SOCIAL BENEFIT TECHNIQUE

It aims to improve the welfare of the member of the Society e.g creation of programmes for
improving a country.

Compiled by:

Aristocrat✞