INTRODUCTION TO
LEGAL STUDIES
LESSON ONE
LAW IN SOCIAL CONTEXT
What is law?
Law can be defined as a body of rules designed or formulated to guide human
conduct or action which are enforced among the members of a given state or
society.
The following features can be deduced from the above definition.
[i] Law is a body of rules
[ii] It is Man-made
Laws are rules that society adopts to govern itself. Hence, law within the context of
our definition cannot be regarded as God-given in the sense of the Ten
commandments contained in the Holy Bible or Koranic rules and injunctions.
[iii] It is normative in character
Law is a norm which tells us what to do and what to refrain from doing in order to
achieve a particular objective.
[IV] It has an Element of coersion
Breach of law is usually enforced by means of sanction or coercion through an
organized institutions such as the Police Force, law Courts, Tribunals, prisons etc.
[V] Territorial Limitation
Law is usually made to guide the conduct of the people of a particular society or
country and are binding on the people and properties within the territory.
[VI]Dynamic in Nature.
Law is not static but dynamic. Since law is meant to regulate the behavior of man
in the society, the content of the law of each society usually changes as the social,
political and economic world in which he lives change.
FUNCTIONS OF LAW
While a particular law may be made to achieve a particular objective, the law of
any society can be said to always aim at serving the following broad objectives.
[i] Law and Order.
[ii] Law and Justice
[iii] Law and Freedom
[iv] Political freedom
[v] Law and The State
[vi] Law and Legitimacy
[vii] Law and Sovereignty
LESSON TWO
CITIZENSHIP
A citizen is a person legally recognized as a member of a country with associated
rights and obligations, e.g Nigerian citizen, a British national
HOW TO ACQUIRE CITIZENSHIP
In Nigeria, becoming a citizen of Nigeria is governed by the Nigerian constitution,
a person in Nigeria can acquire Nigeria citizenship through Three (3) ways.
(A)By Birth
(B)By Marriage/Registration
(C)By naturalization
CITIZENSHIP BY BIRTH
A person can become a Nigerian citizen by birth if he or she is born in
Nigeria by Nigerian parents or his grandparents (either of them) is a
Nigerian descent.
CITIZENSHIP BY MARRIAGE / REGISTRATION
This is specifically for Nigerian men married to a non –Nigerian lady. A
non- Nigerian lady married to a Nigerian man can become Nigerian citizen
through marriage under the Nigerian constitution.
CITIZENSHIP BY NATURALIZATION
This provision is for a foreigner. A foreigner who is a law abiding person
and having lived in Nigeria for a period of Ten (10) years and wishes to
become a Nigerian citizen and renounce his own citizen can make
application to the Ministry of Interior. If his application is granted, he may
be registered as a Nigerian citizen.
Conditions for naturalization;
(1) A foreigner
(2) Lived in Nigeria for Ten (10) years or more
(3) Doing a legitimate business in Nigeria
(4) Law abiding person
LESSON THREE
FUNDAMENTAL HUMAN RIGHTS
There are rights and privileges enjoyed by the citizens and residents in a
country. These rights are inalienable rights.
(1) Right to Life
(2) Right to freedom/ Freedom of movement
(3) Right to vote and be voted for
(4) Right to join a political party of choice
(5) Freedom of association
(6) Right to dignity of human person
(7) Right to fair harmony
(8) Right to private and family life
(9) Freedom from discrimination
(10) Freedom of speech
LESSON FOUR
ORIGIN/ SOURCES OF LAW
Note that every law of any country in this world originates from God. SEE Exodus
20:1-15
Sources of Nigeria law include;
(1) Customs and Traditions
(2) Common law
(3) Case laws/ Judge made laws
(4) Conventions
(5) Acts of maintenance assembly
LESSON FIVE
FORMS OF GOVERNMENT
(1) DEMOCRATIC GOVERNMENT
This is mostly defined as government of the people, for the people and by
the people. Hence leaders are voted into power by the election.
(2) MONARCHIAL GOVERNMENT
This is the government by the King “Oba” “Emir” etc. He may be assisted
by subordinated or chiefs.
(3) THEOCRATIC GOVERNMENT
Religious group such as church takes this form of government. The group
believes that the laws of the state are the laws of God e.g Cyprus, Papal ruler
of Rome.
(4) OLIGARCHY GOVERNMENT
This is a situation where the government is in the hands of a few people.
GERONTOCRACY- Government made up of old people
ARISTOCRACY- Government made up of influential, intellectual and high
ranking people in the society.
(5) DICTATORIAL GOVERNMENT
A dictator in government is a tyrant or despot who exercise absolute political
power with unmitigated power and authority.
(6) CAPITALIST GOVERNMENT
Capitalist government is where ownership and means of production and
exchange is concentrated in the hands of private entrepreneur who makes
huge profit at the expense of the poor sellers who sell their labour as a
commodity to earn their living.
(7) SOCIALIST GOVERNMENT
The state controls the major means of production and organizes distribution
with production e.g China & South Korea.
It preaches equitable distribution of wealth and welfare services for the
needy in the society.
LESSON SIX
ORGANS OF GOVERNMENT
There are three (3) organs of government;
(A)Legislative arm of government
(B) Executive arm of government
(C) Judiciary arm of government