QUESTION 4

a) ARISTOTLE (384-322)

According to Dr. Allen Milton Ayoboka1, Aristotle is hailed as one of the greatest philosophers,
significantly contributing to the development of jurisprudence. Aristotle, who lived between 384-
322 BCE, was a student of Plato, another eminent scholar. Influenced by Plato's "platonic
idealism and rationalism," Aristotle eventually departed from these ideas. Instead, he developed
a philosophy centered on the actual conditions of social reality, particularly focusing on the
imperfections of men and the institutions they manage.

Aristotle believed that for man to fulfill his true purpose, he must be intimately involved with
law and justice. Separating man from these functions deprives him of the opportunity for self-
development, ultimate happiness, and the attainment of the perfection that distinguishes him as
the best of animals. This principle is reflected in Uganda’s constitution, Article 12, which grants
the people the power to choose their governing leaders according to the constitution.

Aristotle argued that the doctrine of rule of law rests upon two fundamental principles;

1. That the government must be one of the laws and not one of man.
2. Emphasized supremacy of the law

With those fundamental principles, he argued that the managers of human affairs are prone to
pride and injustice hence a state founded on the law is the only way to achieve objectivity and
justice.

According to Doctor Allen Milton Ayoboka,3 Aristotle contended that man isolated from the
law and justice is the worst of all beasts. This meant that there wouldn’t be any law to govern
that man or community and so all people would do as pleased hence increase of injustice in all
forms of living

Aristotle objected to giving wide discretionary powers to state officials as this would lead to
arbitraries. This principle was illustrated in the case of Uganda Pentecostal Ltd v National

1
Dr. Allen Milton Ayoboka in his book "Introduction to Jurisprudence, 2nd edition
2
Article 1 of the constitution of the republic of Uganda 1999 as amended
3
Dr. Allen Milton Ayoboka in his book "Introduction to Jurisprudence, 2nd edition
council for higher Education & Attorney General of Uganda 4; Uganda Pentecostal Ltd
applied for a university license, which the NCHE denied. The applicant argued that the NCHE
had not established the required standards as mandated by the Universities and Other Tertiary
Institutions Act 2001, thus violating due process. The High Court upheld this argument, quashed
the NCHE's decision, and ordered the NCHE to halt further inspections and licensing until
proper standards were set. This ruling, influenced by Aristotelian principles, contributed to the
development of the legal framework.

Aristotle argued that while written laws are beneficial, unwritten customs hold more authority,
especially in vital societal aspects like worship and obedience. He believed that customs, being
more authoritative and safer than written laws or even human rule, act as "intellect without
appetite." This aligns with Section 155, which states: "Nothing in this Act shall deprive the High
Court of the right to observe or enforce the observance of, or shall deprive any person of the
benefit of, any existing custom, which is not repugnant to natural justice, equity and good
conscience and not incompatible...with any written law."

According to Dr. Allen Milton Ayoboka6, he argues that although Aristotle overruled the rule
by human intelligence and judgment basing on the fact that it could be unfair, he also argued that
it should be permitted to prevail in matters where the law is unable to make a general
pronouncement. He further suggests that equity in rare situations where the universality and
rigidity of legal rules may cause injustice to given individuals case.

Aristotle also helped in the development of equity; he defined equity as a rectification of law
where it is defective on account of its generality. In Uganda today, equity has been defined as a
power to meet moral standards of justice and is reflected by liberal and humane interpretations of
the law With his efforts in developing equity, equity is applied in Uganda to date authorized by
S.14. 7

Aristotle made a claim that where a man is subject to another person, then he is at the mercy of
the person’s whims and passion, his anger and his prejudice.
4
Uganda Pentecostal Ltd v National council for higher Education & Attorney General of Uganda HCCA No.36
2005
5
Section 15 of the Uganda Judicature Act Cap 13
6
Dr. Allen Milton Ayoboka, in his book introduction to jurisprudence 2nd edition
7
S.14 of the Judicature Act.
Aristotle argued that a regime without law, ruled solely by the ruler's will, leads to tyranny, as
seen in Idi Amin's era in Uganda, emphasizing that law acts as a self-sustaining guideline to
restrain authority, which is mirrored in Uganda's principle of checks and balances and the
constitutional power of the people to remove unsatisfactory leaders.

b) Thomas Hobbes (1588–1679).

Thomas Hobbes was a philosopher affirmed the existence of natural law, but stated that
individuals entering civil society will voluntarily surrender their rights to act on it, for the
exercise of such rights would lead to chaos, a return to the war of all against all that entering civil
society was meant to avoid. Further, many commentators have noted that even Hobbes's
affirmation of natural law seemed hedged, or perhaps ironic

According to the book Introduction to Jurisprudence8, Thomas Hobbes is widely regarded as

one of the pillars of capitalism intellectuals. He popularized the idea of contract by subscribing to
duties and rights regarding the free exchange of commodities and the view that natural law was
based on the contract. he used his theoretical construct of the state of Nature to demonstrate what
happens in the absence of the rule of law

Thomas Hobbes argued against feudal predestination, asserting that all men are born with equal
opportunities and natural liberties, and that a civilized society requires each member to fulfill
their obligations, resolve disputes impartially, and treat others as they would wish to be treated,
with sovereign power being achieved either by force or mutual agreement for protection.

Thomas Hobbes also led to the development of modern principles of positivism. Because he
regarded natural law as mere principals that guide the sovereign command.

c) Henry Maine

Henry Maine was an English philosopher in the era between (1822-1888), according to Dr.
Allen Milton Ayoboka9, Henry Maine in his outstanding work, “Ancient law” he carried out a
study that examined the evolution of law in different societies. He continues that His study
explained why different societies developed different legal institutions. He concluded that legal

8
Introduction to jurisprudence beginner’s Guide 2nd edition by Dr. Allen Milton Ayoboka
9
Dr. Allen Milton Ayoboka introduction to Jurisprudence 2nd edition
history of the people shows pattern of evolution that tend to replicate themselves in different
societies with similar historical circumstances.

A vivid example he gave in his findings was that Roman Feudalism produced rule and institution
similar and consistent in pattern with those that emerged and defined English feudalism.

His contribution to the development of legal thought.

He verified patterns of legal trends contained in his comparative study to explain how the law in
a given society develops as people transcend from a primitive to a progressive society. He
established that law evolves from status to contract.

In his book, Dr. Allen points out that Henry Maine made an analysis known as Ancient law and
he found out that Roscoe pound observed that progressive civilization is that which gives rise to
an independent, free and self-determining individual as a primary unit of social life. In other
words, the rights and duties of an individual are created after an exercise of individual freedom
and will.

He explained that an individual has neither reference to his will nor the ability to divest himself
by his effort. He defined that status is indicative of a social order in which the group and not the
individual is the primary unit of social life. On the other hand, his study revealed that, as society
developed, the status aspect gave way to a social system based on a contract that is identified
with individual freedom.

d) Thomas Aquinas

Saint Thomas Aquinas (1229-1274) was a philosopher and theologian in the scholastic tradition.
As the foremost classical proponent of philosophy for the Roman Catholic Church, his most
renowned work is the Summa Theologica. Aquinas distinguished four kinds of law: eternal,
natural, human, and divine. Eternal law is the decree of God governing all creation, while natural
law is humanity's participation in eternal law, discovered through reason. Human law is positive
law applied by governments, and divine law is revealed in scriptures and teachings of the
apostles.

Aquinas emphasized the incorporation of reason into his definition of law, reinterpreting the
legal concepts of ancient Greek philosophers through the lens of theology and doctrine. He
established standards for validating law, such as compliance with nature, asserting that deviation
from these standards amounts to a perversion of law. For instance, he argued that acts like
homosexuality deviate from natural law and religious doctrine, as they stray from the rules of
nature.

During Aquinas's time, the Bible and Holy Scriptures were considered the sole sources of truth.
However, by recognizing humanity's innate ability to understand the laws of heaven, he
broadened the pathways to truth. Aquinas's emphasis on reason as a means to reach final
conclusions exemplifies this broadened approach, allowing for a more comprehensive
understanding of truth beyond scriptural interpretation.

e) Roscoe Pound

Roscoe Pound, born on October 27, 1870, in Lincoln, Nebraska, to Stephen Bosworth Pound and
Laura Pound, pursued botany at the University of Nebraska, where he joined the Acacia
Fraternity. Graduating with a Bachelor’s degree in 1888 and a master's degree in 1889, he later
delved into law, spending a year at Harvard without obtaining a law degree. Pound emerged as a
pioneering jurist, shaping American sociological jurisprudence systematically. He advocated for
an interdisciplinary approach to law, aiming to harmonize the rule of law with societal life.

Pound's contribution to legal thought revolutionized the Sociological School of Jurisprudence.

Unlike his predecessors, who viewed law as the primary subject with society as secondary,
Pound viewed social life holistically. He emphasized the functional aspect of law, defining it as
encompassing rules, principles, and standards of conduct. Pound saw law as a tool for social
engineering, promoting the organized development of society. His concept of social interests
encompassed the claims and demands of society, crucial for its functioning.

Regarding Jural Postulates, Pound articulated five fundamental assumptions underlying societal
order. These postulates include the expectation of non-aggression, the ability to control acquired
resources, the assumption of good faith in dealings, the duty to avoid unreasonable risk, and the
responsibility to restrain potentially harmful elements. Pound's functional approach to law
emphasized its role in social control and underscored the importance of studying law within the
broader context of societal processes. He paved the way for a comprehensive understanding of
law's function in shaping and maintaining social order.
QN 1(a)

Marxism encompasses various dimensions, including socio-economic doctrine, holistic

philosophy, analytical method, and political ideology. Rooted in the writings of scholars like
Karl Marx, it integrates diverse perspectives into a comprehensive framework. Born on May 5,
1818, in Trier, Prussia, Marx, a philosopher and economist, is renowned for his pioneering work.
Notably, Marx's contributions involved reinterpreting existing concepts through a scientific lens,
infusing them with new significance, and transforming them into revolutionary principles.

The legal system in Uganda, while theoretically designed to provide justice and equality for all,
often operates in a manner that benefits the economic elite. Laws related to property rights, land
ownership, and business regulations can favor those with wealth and influence, making it
difficult for the majority to access resources and opportunities. For example on the account of
service delivery, the government of Uganda The issued a promissory note, (a document
promising to pay a certain amount to an entity/individual) for US$397 million was given to the
Italian firm Finasi. With promise to construct a world class hospital. No procurement
process was done for the construction of the hospital; it was awarded to Roko construction (a
local firm). Another organization, Power Guizhou Engineering Co. Ltd has recently joined the
project to conduct construction works, essentially kicking Roko out of the project, causing Roko
to take Finasi, the Ugandan Government and Power Guizhou Engineering to court on the
grounds of anomalies. Rocco was paid damages and they fell out of business all this money was
from the account of the tax payer while a big number of Ugandans are facing the problem of
poor health. On the 6th of August, health officials from the Ugandan government were denied
access to the construction site of the International Specialized Hospital of Uganda, based in
Lubowa. The purpose of the visit was to satisfy the Ugandan parliament’s oversight function and
ensure public money is being spent as it should. The contractor explained security turned away
the officials for their own safety and because they had not given prior warning. This is clear
proof of how dominant class uses both coercive power of the state as well as soft power of
ideology to cause compliance with the law by the majority.

The Karl Marx ideology that the dominant class uses both coercive power of the state as well as
soft power of ideology to cause compliance with the law by the majority stands with example of
Life Style Audit that was championed by the Inspector General of Government (IGG) Betty
Kamya. With the aim to make a follow up on the investment and investigation of corruption
within the public service sector. While presenting the July – December 2021 Bi-Annual
Inspectorate of Government Performance Report to Parliament. On record, the IGG was
warned by the Speaker of Parliament [Link]. Anita Among to go slow on the lifestyle audit and
not to target public servants with no clear reason given by the speaker. Such reckless remarks
made by people in power using their power to protects them and their interests rich public
servants from being accountable on issues like corruption hence corruption growing in the public
service sector and wastage of tax payers’ money leaving tax payers the minority poor.

With Karl Marx’s theory that inspired the Making the 1995 constitution of Uganda especially
Article 237(2)(b) which is to the effect that, natural resources are owned by the government to
benefit and protect the public interest, in Uganda, such Articles have been undermined by the
rich with the backing up of the government of Uganda on the expense of the minority people.
The clear example to this is Mabira forest that part of it has been turned into sugarcane
plantations by the rich investors will the government is quite about it. This brings out the clear
point has to how the law has been turned into a product of economic inequality by those in power
because at the hand of the law but in real sense, it is not protecting public interest.

In Uganda today, the majority population leaves on the scraps of the rich hence proving the point
that was made by Karl Marx. If one is conversant in Uganda, one should notice that the common
man lives on the mercy of the rich. For example, the rich people who own the building in the
capital city of Uganda, they always increase rent according to their will hence making the people
who own shops in those said building spending a lot on paying rent and taxes hence collecting
low profits basing on the investments they put. The act is intentional to make the common man
poor with less to say but to work so as to keep the small he/she has.

Another reflection of Karl Marx’s theory that the dominant class uses both coercive power of the
state as well as soft power of ideology to cause compliance with the law by the majority. Is the
power of the judiciary favoring those in power on account of the powerless majority? A clear
example is the trial of civilians especially opposition supporters in the court Martial which is
illegal. Basing on the judgment on the judgment given by the constitutional court in the case of
Kabaziguruka Vs Attorney General ruled that trying civilians in military courts is
unconstitutional and continued basing on the 1995 constitution that trying civilian’s role of
civilian courts of judicature. Well as the law is now in place and a vivid judgment from the
learned judges, till date, many civilians are still being tried in the military court with even
granting them bail yet court held that military courts are intended as disciplinary courts for the
Uganda People’s Defence Forces to ensure displine among solders and not civilians. With that
being clear, one might assume that given the fact that the ones( civilians) being tried in these
courts are majorly opposition members, the government/ the people in power are using it as a
tool to fight off the opposition hence proving Karl Marx’s theory valid and true.

Another proof of Karl Marx’s idea that the law is a product of economic inequality in Uganda is
the recent Iron sheet saga. These were meant for the people of Karamoja sub-region but to the
surprise of Ugandans, these Iron sheets ended up in the hands of ministers and other public
service worker. Among these were; State Minister of Karamoja Affairs Goretti Kitutu, her
mother and brother & Nephew, the Speaker of Parliament, the Prime Minister Hon Nabanjja,
minister Amos Lugoloobi and others. The fact that all the people involved in the case were all
people in the public service, it would have been clever to persecute all of them in court but
because of the inequality in the favoring of the law among Ugandans, only 3 ministers were
taken to court i.e. Min. Amos Lugoloobi, Min Goretti Kitutu and Min. Agnes Nandutu were the
only ones taken to court and they were granted bail. Worst case was that none of them was
ordered to resign from their duties. The picture above reflects the inequality in the exercise of the
law as Karl Marx stated.

b).

According to Marx, the law is an ideological cloak which pretends neutrality and therefore
equality before the law is falsehood. This can be argued for stance in light to Article 21 of the
constitution 1995 which provide for equality before the law, but the practical part of it those in
opposition take long for example in case granting bail to be given bail and its not the case to
those in the ruling government. Consider those of NUP who up to now have been denied bail.
Also consider the amendments of the constitution on Article 102 (age limit) and 105(term limit)
for the presidency of Uganda. This expresses that the law expresses the will of the ruling class

As per Marx, law as an ideology is used by the state to express the interest of the dominant class
in Uganda, state has come up with an ideology prosperity for all which was intended to arouse
political moral for the ruling party alongside legal lines. Law as an ideology is further used by
the state ruling class to restrain the action of civil society from amounting into a revolution. This
is manifested by the enactment of the Public Order Management Act aiming at suppressing any
alleged unlawful assembly.

To Marx, ideology refers to a system of beliefs of a particular government or system of a section

of society. The state ruling class use religious leaders to spread their ideologies; ie religious
leaders emphasize the proletariat (poor) to respect their leaders which reflect them being law
abiding.

This is also manifested under the national budget, supplementary budgets (usually located to
state house) enables the president to inculcate his ideology into the masses from society level
along legal lines.

Marx argued that the dominant class can be identified by ownership and control, it is relevant to
the extent that in Uganda the ruling class constituting largely of the people from Western Uganda
are apparently more well than any other class for example in some parts of Northern Uganda.

Indeed as propounded by Marx, we also have lumpen proletariats (poor) ie the dropouts who are
unemployed and who usually resort to crimes. In Uganda this is manifested as regards to idlers
and pick pockets in the slums of Kampala. A further manifestation of Marx’s prepositions
pertaining to the concept of class can be seen in land struggles in Uganda especially in Buganda
where the capitalists are buying off all the land and as predicted by Marx, the land owners would
eventually be squeeze out

Marx again argued that peasants and lumpen proletariats are not organized and are likely to be
misused politically, socially and economically. This is manifested in regards to the statement
made by Prof. Kanyeihamba JSC, where he once said” that the ruling class in Uganda has always
used the peasants as their stepping stones to power, yet peasants remain unprogressive”

According to political organizations which correspond to each stage of production and supported
the interest of the dominant class. Marx also stressed that the state is an instrument of a ruling
class and views it as independent form and superior to all classes.
Marx argue that state maybe representative not of whole class but only a section of that class. He
cites an example of finance in France under Louise Philippe. However, Marxist’s concept of
state is subject to criticism, as Marx failed to produce 20th century developments since he was
seen as a prophet. He could not produce facts that mitigate class cleavage. Law on the other
hand, existed during the barbaric stage of life, medieval stage of life thus it’s referred to as an
inherent and external life aspect. To Collin Summer, Law is; a. An ideological form that is
complex but not equally legalistic. b. A fore most means of exercising political control and is
available to propertied and educated class. c. A reflection of class as a social force in a given
state at given time.

To Marx law serves the interests of the dominant class and is used by the capitalist class to
dominate other classes. However, this concept of law by Marx is criticized as law has many
functions such as maintenance of society order. Ideology on the other ways refers to a system of
beliefs of a particular government or system of section of society. It’s also refers to false
consciousness or propaganda of the dominant class that serves to legitimize them.

To liberalists, ideology refers to a system of beliefs whose role is to render reality transparent.
Thus motivates people to do or not do certain things.

To Marx ideology means a system of beliefs or characteristics of class of people for example the
racist ideology of apartheid. However, Marxist concept of ideology as a reflection of ideas of
dominant class is criticized as per summer ideology reflects ideas of different factions within all
classes

As per Marxist’s Law as an ideology is used by the state to express the interest of the dominant
class in Uganda; state has come up with ideology

known as prosperity for all which was intended to arouse political moral for the ruling party
alongside legal lines.

Law as an ideology is used by the state ruling class to restrain the actions of the civil society
from amounting into a revolution for instance the Public Order Management Act which prohibit
riots without first informing the Police.
A state controlled by the dominant class has a vast resources to protect its interest using
ideologies embezzled from draft laws, e.g. the Presidential term Limit in 2005, were plucked off
the Ugandan Constitution as all agencies were witnessing because had been bribed by the state

The state ruling class use religious leaders to spread their ideologies. Religious leaders
emphasize the proletariats (poor) to respect their leaders which reflects them being law abiding.

Under the national budget, supplementary budgets are allocated to the statehouse which enable
the President to inoculate his party ideologies into Masses from society level along legal lines.
For example the Myoga and Operation Wealth Creation.

Under decentralization of power (ideology) NRM government as a state control force has
directed the minds of local Ugandans away from its failure using law i.e. the POMA.

States existence according to Marx is entirely based on the ideas imposed on subordinate class
by the dominant class thus, the state cultures its ideas alongside lawful lines to consolidate
political control for instance NRM’s prosperity for all involves some aspects of law(contract).

According to Marx, the ruling class at all whelms of their ideologies enhance their stay in power
as they can drive the state into enforcing those ideologies by using state machineries e.g. Police
and the Arm

c)

Karl Marx's critique of capitalism focused heavily on its perceived flaws and negative
consequences, often overshadowing its potential benefits. However, there are several aspects of
capitalism that Marx may have underestimated or failed to fully appreciate;

Capitalism's competitive nature incentivizes innovation and technological advancement. In

pursuit of profit, businesses invest in research and development, leading to the creation of new
products, services, and technologies that improve people's lives and enhance productivity.

Capitalism promotes efficiency by allocating resources based on market demand and price
signals. Through the mechanism of competition, inefficient firms are driven out of the market,
while successful ones thrive, leading to overall productivity gains and economic growth.
Capitalism offers consumers a wide range of choices and variety in goods and services.
Competitive markets allow individuals to choose products that best meet their preferences and
needs, fostering consumer sovereignty and diversity in the marketplace.

While Marx highlighted income inequality under capitalism, he underestimated its role in wealth
creation and poverty reduction. Capitalism has lifted millions out of poverty by generating
economic opportunities, creating jobs, and increasing living standards over time.

Capitalism provides a fertile environment for entrepreneurship and creativity. Individuals are
incentivized to pursue innovative business ideas and take risks in the hopes of achieving
financial success. This entrepreneurial spirit drives economic dynamism and fosters a culture of
innovation.

Despite Marx's concerns about class exploitation, capitalism has historically facilitated social
mobility. While inequalities exist, individuals have the opportunity to improve their
socioeconomic status through education, hard work, and entrepreneurship, transcending the
circumstances of their birth.

Capitalism is founded on principles of voluntary exchange and freedom of choice. Individuals

have the autonomy to engage in transactions that benefit both parties involved, leading to
mutually beneficial outcomes and the satisfaction of individual preferences.

While Karl Marx's critique of capitalism remains influential, acknowledging its benefits
alongside its shortcomings provides a more nuanced understanding of economic systems and
their impact on society.