Tag: princiology
-
Justiciability of Chapter II of the Nigerian Constitution – Inioluwa Olaposi
Justiciability of Chapter II of the Nigerian Constitution Have you ever heard anything about the justiciability of Chapter II of the Nigerian Constitution, 1999, which contains socio-economic rights? Are you aware of the fact that these rights contained in the second chapter of the Nigerian constitution are not enforceable, or non-justiciable? This post is on…
-
Contract in Law: Definition and Classifications (NG)
N.B. This article is particular to Nigeria. Definition of Contract A contract can be defined as an agreement which the law will recognize as affecting the legal rights and duties of parties. Tobi JCA defined contract thus: “An agreement between two or more parties which creates reciprocal legal obligations to do or not to do particular things”. …
-
Historical Theory of Law: Meaning, Explanation, Arguments for and against – Inioluwa Olaposi
German Historical School of Jurisprudence The Historical theory of law argues and states that law should be a product of the custom of the society. As we can simply derive from the meaning of the word ‘history’ – the Historical school of jurisprudence is of the opinion that law should be a restatement of the…
-
Difference between Procedural and Substantive Justice
THE DIFFERENCE BETWEEN PROCEDURAL JUSTICE AND SUBSTANTIVE JUSTICE Some terms can be really confusing, but a close view will help. This post seeks to explain the difference between procedural justice and substantive justice. First and foremost, it is expressly important that we get a grasp of what is meant by justice. Then, we can be…
-
Judicial Precedents (Case laws) for Theories of Law (NG)
N.B. This article is particular to Nigeria. Case Laws (Judicial Precedents) for Law Theories In answering law questions, it is important that relevant case laws be mentioned to support points. Here are a number of case laws or judicial precedents for various theories of law. Case law for theories of law 1. Positive Theory of Law Uwaifo…
-
Classifications of Law should be the Lawyer’s Servant and not his Master
Classifications Of Law as servant Not Master It is important to know this. That the classifications of law are the lawyer’s servant, not his master. With simple semantic analysis, the classifications of law are the classes or groups into which laws have been divided or segmented, according to some common relations or attributes. Some of…
-
Pure Theory of Law Meaning and Proving as the Most Acceptable Theory of Law
PURE THEORY OF LAW Out of the multiple theories of law, I personally do love the Pure theory of Law. I love the concept and reasoning behind it. So, this post is not just about the Pure theory of Law, but to also prove it as the most acceptable theory of all. Stay tuned. To…
-
Natural and Positive theory of law (comparison and contrast) – Inioluwa Olaposi
Comparison and Contrast of Natural and Positive Theory of Law These two are most likely the most popular of the theories of Law. Perhaps, because they are simple and easy to understand. Nevertheless, they can also be confusing or hard to get. So, it is important that we know the similarities and differences between the…
-
Positive Theory of Law and Arguments Against It – Inioluwa Olaposi
Positive Theory of Law The concept of the ‘Positive Theory of Law’ is not a difficult one to understand. Well, if it is given the simple explanation it deserves. And for this sake, it is important that the main words that makeup the concept be broken down. This is to aid our understanding. The Positive…
-
Natural Theory of Law: merits and demerits – Inioluwa Olaposi
Natural Theory of Law Natural law is a broad and often misapplied term. It goes around various schools of thought in different disciplines like Philosophy, Science, Law, etc. In the light of this fact, it is therefore crucial that a clear understanding about the subject-matter be gotten. This includes the understanding of the keywords, ‘natural’…