Jurisprudence Unit I

This is the function of law where by the law allows a subject to to enter into various transactions or relations but it directs the subjects as to what to do should be done or complied with for the purpose of validating the transaction or relations in question. Example the element of a valid contract, the necessary documents for formulating a company PROHIBITIVE FUNCTION This is the function of law where by the law prohibits certain defiant behavior by terming them as crimes and providing sanctions or punishment on contravention example the penal code which provides for various offensives and punishment the economic and organize crimes and contract act THE NATURE OF LAW There are basically two thoughts of law IDEALISM HISTORICAL MATERIALISM/MARXI'SISM IDEALISM This is a school of thought which maintains that law originate from God and it was written no where but imprinted on people's hearts this was known as natural law. The supporter of this were Plato, Cicero , St. Thomas Aquinas e.t.c they are maintaining that natural law was superior, unchanging, universal and the kings were under this law. HISTORICAL MATERIALISM/MARXI'SISM Origin of law nearly came from God but it came from human beings, they are also saying that law is the result of social relations and production relations, they are adding that during primitive communalism there was no law, it started to develop during class societies. When people were in a position to produce in surplus, due to that two classes emerged "the haves" and "the not haves", "the haves" wanted to dominate "the have not's" so they introduced leadership in the form of a state and laws enforced by the states so as to continue their dominance over "the have not's" and that is why state and law are in separate according to Marxist's law is an oppressing instrument by the ruling class to impose their wishes over the ruled ones. METHODS OF SOCIAL CONTROL THROUGH LAW This basically refers to the various systems a legislature can adopt to achieve social earns through law prof Robert S summers an American tourist has identified five basic techniques used in modern law to control social behavior