Strathmore Law Journal
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Tom Angier’s Natural Law vs. the Natural Law Formula
Get PDFThis article presents a comprehensive overview and analysis of Tom Angier’s latest book, “Natural Law Theory”, published in 2021 by Cambridge University Press, and also compares its main conclusions with another study that analyses how natural law scholars have argued over the last century. To achieve this goal, the article initially outlines the core ideas of Angier’s book, which seeks to elucidate and assess the most significant theories of natural law throughout history, with an emphasis on the traditional approach rooted in Aristotle and the Stoics. Angier introduces the innovative “via negativa” method for identifying natural law principles within this framework. Following the exposition of the book’s content, the article draws parallels between Angier’s conclusions and the findings of another research project about the “Natural Law Formula” (or methods) currently used by natural law experts in legal literature. Both Angier and this research observe that contemporary authors face challenges in grounding the principles of natural law in the physical and spiritual human nature. Lastly, the article evaluates the “via positiva” and “via negativa” methodologies, highlighting their potential contradictions and concordances, while suggesting avenues for further refining Angier’s arguments
What Natural Law Is Not: Distinguishing Natural Law from Other, Related Normativities
Get PDFCustodial congestion still persists as one of the biggest challenges to Nigeria’s Criminal Justice System. This is attributed to the operation ineptitudes of the Nigerian police force which employs means such as holding charges. This paper examines the practice of holding charges in Nigeria as a major contributor to the congestion of correctional facilities in Nigeria. This paper contends that the practice of holding charges is unconstitutional; in violation of the principles of fair hearing; and presumption of innocence and merely a means of administrative expediency. This paper concludes that the practice of holding charge in Nigeria undermines the rights of accused persons and calls for urgent reforms to the Nigerian criminal justice system to ensure that the protection of human rights is in tandem with the basic international human rights laws which mandate States to respect and ensure everybody’s right to personal liberty and security, and therefore, proffer some policy recommendations
Indefeasibility of Title and Adverse Possession in Kenya: An Uneasy Relationship?
Get PDFThe doctrine of adverse possession conjures up deep emotional and philosophical arguments, centuries after its inception. While courts have perpetually been called upon to pronounce themselves on the fairness of the doctrine, a new formidable challenge has now been levelled against the principle-that of its relevance to 21st century land law. The debate rages on in courtrooms and parliamentary floors around the world, calling lawmakers, members of the bar and the bench to contribute to the keep or discard dichotomy. This paper makes an argument for the incompatibility of adverse possession with an era characterized by rigorous registration systems. The analysis begins by tracing the history of adverse possession and then proceeds towards an empirical assessment of the arguments in favour of, and against the doctrine. The discourse then contextualizes the discussion to Kenya’s land law and concludes by making an argument against the retention of the doctrine with respect to registered land
Legal Responses to Domestic Violence in Marriages and Their Implication for Marriage Sustainability in Nigeria
Get PDFDomestic violence is a phenomenon which has caused so much concern in society and generated intense debates among policymakers, civil society activists and scholars. It is, therefore, no surprise that it is attracting so much scholarly attention lately. Despite the wide interest it has generated, an appropriate response grounded in law to tackle the scourge has defied logic. The situation even gets more complicated when other societal values such as marriage are present between the parties. So many (legal) mechanisms have been put in place in response to domestic violence. These responses are primarily grounded in law, mainly involving the criminal justice or legal system. Specifically, the typical response has been the use of the law and criminal justice approach. Despite the many advantages of the common approach, questions arise regarding its suitability for married partners. Indeed, recent concerns have arisen, especially in family law jurisprudence, regarding the need to preserve the institution of marriages, especially for domestic violence cases which are ‘resolvable’. This is because, in many cases, the common approach mainly results in the breakdown of marriages. Thus, the partial decriminalisation approach has begun to gain wide attention, especially in domestic violence cases between married partners. The objective of this paper is to analyse the various responses to domestic violence and their implication for the sustainability of marriages
Weaponisation of trespass to land and its implications for land justice and enjoyment of property rights in neoliberal Uganda
Get PDFProtection of the right toproperty is among the central concerns of Uganda’s Constitution and laws. The law on civil and criminal trespass aims at facilitating enjoyment of property by prescribing damages for civil trespass and penalty for criminal trespass. Despite this, criminal and civil trespass have been used as weapons by some actors in land conflicts to undermine property rights of weaker parties and escalate land conflicts. The relationship among property, land conflicts and trespass is a theme of empirical significance in Uganda. Yet, weaponisation of trespass and its repercussions on property rights and resolution of land conflicts in Uganda is not significantly studied. This paper fills this gap. It conceptualizes criminal and civil trespass as embedded in the law, and how they have been weaponised. Using qualitative methods (analysis of literature, court decisions, and web based material) the paper finds that criminal trespass has been weaponized to target weaker parties to land conflicts hence impacting on their property rights and delivery of land justice. Using the criminal justice system, they are charged with criminal trespass, incarcerated, and are unable to pursue civil remedies from courts of law, hence protracting the underlying civil/land dispute. Civil trespass has also been misused within Uganda’s escalating land dispute terrain; in pursuit of selfish objectives rather than of justice. Uganda’s neoliberal context is an enabler of all the above. Recalibration of the civil justice system for efficience and amendment to section 302 to offer clarity on the boundaries of its application are recommended
The Nigeria Start-up Act 2022 as a Catalyst for Technological Development and Economic Growth in Nigeria
Get PDFThis century has heralded technological advancement in human history, particularly in Africa. The influx of technological advancement currently in play all over the world and the economic benefits that come with such advancement has necessitated the need for some regulations. Hence, stakeholders particularly, governments all over the world have made efforts to regulate and support investments in technology. These supports include laws, policies and other incentives that promote technology. Recently, the Nigerian National Assembly passed the Nigeria Start-up Act (NSA), 2022 to provide a regulatory framework for the development of start-ups as well as to provide an enabling environment for the establishment, development, growth and operation of start-ups and technology-related talents in Nigeria. The Act also seeks to position Nigeria’s start-ups ecosystem as a leading digital technology centre in Africa in terms of excellent innovators with exportable skills and capacity. It is projected that the NSA will immensely contribute to technological development for Nigerian start-up companies to compete with their counterparts at the regional and international scene. This article examines the nature of start-ups and the Nigeria Start-up Act, 2022. It further analyses the pre-enactment of the Start-up Act era in Nigeria, the emergence of the Start-up Act, the impacts the Start-up Act might have on technological development, the challenges of the Act as well as the general challenges faced by start-ups in Nigeria. The article argues that the NSA is a welcome and commendable effort for technological development and economic growth in Nigeria
Family, Property and Inheritance: Institutions for Civilization and their Enemies
Get PDFIn the history of ideas, few institutions are as important or are as closely related as Family, Property, and Inheritance, for the establishment and function of an ordered society. About them, many perspectives have been taken by legal and political thinkers and philosophers on both the traditional Catholic and libertarian schools and their contemporary variants, which coincidentally agree that all of them are products of a perennial order, in most cases of a spontaneous origin that manifests itself within Natural Law, and as such, must be protected by positive legislation, although its relation is always understood as one of logic and not one of institutions. On the other hand, an opposing and hostile perspective on Family, Property, and Inheritance is promoted by revolutionary Marxism, revealing that, at least on its negation, there is a universal outlook on the mutual need of these three institutions to subsist as part of the social order, and particularly, as legal institutions, which uses, and formal aspects are protected by legislation to be applied in a particular community. By exploring these stances, as well as the proper definitions of Civilization, and order, one may understand the meaning of family, private property, and inheritance, as well as their legal conceptions in the history of ideas, and the way they are universally opposed by the Marxist schools of thought, based on their own revolutionary ends
Promoting Efforts in the Eradication of Child Trafficking in Nigeria: The Need for a More Robust Legislation
Get PDFThe prevalence of child trafficking and its widespread impunity, whether committed in Nigeria or outside the country, has been firmly condemned by the United Nations and its eradication has been consistently recognised in both regional and international laws. The main aim of the article is to examine how effectively the legal framework on eradication of child trafficking in Nigeria has addressed several incidences of trafficking. Driven primarily by efforts to combat child trafficking, overcome the multiple ensuing challenges, and promote a child-friendly environment, there is an urgent need to re-examine the existing legislation on child trafficking with a view to ascertain the inadequacies in Nigerian trafficking laws. Further, the problematic scenario is relatively attributed to poor regulatory frameworks, and has become imperative to re-examine the legislation in order to curb the emerging challenges in Nigeria. This paper investigates what impedes the eradication of child trafficking in Nigeria, and what measures could overcome such problems. This paper adopts an analytical and qualitative approach and builds its argument on existing literature and a synthesis of the ideas in this body of knowledge. It argues that continued neglect of the inadequacies existing in Nigeria’s legislation on child trafficking portends a clog in the eradication of child trafficking in the country. Nevertheless, this article provides some recommendations to guide policy makers on how child trafficking can be properly eradicated in Nigeria
Judicial Ethics: A Key Tenet to Legal Ethics
Get PDFJudicial ethics are arguably one of the most important aspects of legal ethics Values of legal ethics such as decorum, dignity, courtesy, and rationality that were emphasized by the late but still foremost scholar of professional legal ethics, Deborah Rhode, readily apply to the judicial context.. Related to these values, judicial ethics ensures that three important attributes or three ‘Is’ characterise the judicial process and the conduct of judicial officers: independence, impartiality and integrity. Adherence to these three principles of judicial ethics is key in securing the administration of justice, professional discipline in the judiciary, and public confidence. This article therefore takes the view that the competence of judges not only includes their academic qualifications but their possession of qualities necessary to fulfil the three Is and other standards of ethical judicial conduct. Moving from this understanding, the article analyses how judicial ethics, as a derivation of legal ethics, shapes the role of judges and, further, how Kenya’s Judicial Service (Code of Conduct and Ethics) Regulations integrates established principles of judicial ethics. From this analysis, the author argues that judicial ethics are inseparable from judicial competence and that Kenya’s Judicial Service (Code of Conduct and Ethics) Regulations effectively reflect the necessary principles of judicial ethics. Thus, continued enforcement of the judicial Code of Conduct and Ethics is essential to safeguarding judicial ethics in the Kenyan judiciary.
