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The Pyschology of Law
Full text linkPsychology and law are familiar concepts in the experiment we call life. These concepts are of great importance and concern to Psychologists, political scientists, jurists, sociologists, etc. The frequency with which phycology and at times law are misunderstood and misconceived, provoke concern and debate in order to see the relationship between them. One might ask why the order in the arrangement of the concepts, why not law and Psychology but rather Psychology of the law? My answer is simply, it is so arranged because we have Psychology of law, meaning that we can apply psychological lens and principles to these other concepts. The unwearied think that Psychology is not relevant to the concrete realities in the society. This is not true. Psychology is not for those with massive intellects alone, it is approachable, one only need to be disposed, prepared and disciplined. It does not parade only senseless abstract ideas; it rather deals with concrete and particular issues of life
The law on professional malpractice in Uganda
Full text linkProfessional malpractice refers to negligence or misdeeds by many professionals such as doctors, dentists, chiropractors, optometrists, nurses’ architects, engineers. Professional misconduct seems to be a topic in daily news headlines. Malpractice law provides the rules and procedures for holding professionals responsible for the harm that results from their carelessness. People depend on lawyers, pastors, judges, accountants and engineers, traditional medical practitioners, doctors and all other experts to perform their jobs prudently. They are entrusted with the sacred duty of preserving virtues of life, promoting justice for the oppressed, protecting health, offering penance to those who repent. However, these people instead act contrary and thus the term Professional misconduct. States governed by their various laws provide solutions to the violations conducted by these professionals. The law of Professional Misconduct aims at addressing professional negligence, creating a forum for redress mechanisms, promoting accountability, fostering patient safety and providing quality services. Meaning of Professional. The word Professional means practicing of a learned art in a characteristically methodological, courteous manner.1 It should be noted and recorded that every profession is guided by a code of conduct of ethics and headed by an overall or regulatory body. The conduct of conduct sets the standard of minimally accepted conduct within their profession. They act as a guide to ensure right and proper conduct in the daily practice of the profession
Objection my Lord: legal practice demystified
Full text linkHaving received a brief of the client’s case, and identified legal issues. You should develop a Checklist to enable you pick necessary legal information you would need to advise the client and also in case of court action, sufficient information to support the action and also the mode of Commencement. In developing one you can be guided by the Substantive legislation on the matter, case law and even the CPR for example Check list No Standard template Make sure it covers the details of the workshop question There and general things in the personal details 0.7. 1 is also a guiding factor
Compatibility barriers affecting crossability between Solanum aethiopicum and its relatives
No full textReproductive barriers are single most important impediment in conventional breeding of Solanum aethiopicum (Shum and Gilo) and its relatives. This study investigated compatibility barriers between S. aethiopicum and its relatives. A randomized complete block design and a full diallel mating method were used to evaluate floral phenology and compatibility of six genotypes at different floral stages. Parameters assessed include; anthesis, anther dehiscence, stigma receptivity, among others. Results showed that most flowers in anthesis per genotype were counted at 8:00am. Overall mean number of open flowers differed significantly (P 80%) although they differed significantly (P<0.01). Stigma receptivity averaged highest (3.31) for N11 and least (2.31) for In1. All genotypes exhibited self-compatibility; N11 averaged highest for fruit set (67.93%), seed per fruit (82) and F1 germination (79%). Crosses revealed moderate compatibility (50%); highest fruit were in N4xN11 (71.97%), seed N11xA1 (56) and F1 germination inN11x N4 (76.3%) respectively. In the crosses where In1 was a female parent 80% incompatibility was observed at fruit set whereas73% of crosses where E12 was a female parent set fruits without seed. Female functioning may be a major factor in observed incompatibility between S. aethiopicum and its relatives. To harness the potential of S. aethiopicum relatives, N11 and N4 can be advanced as female parents in wide hybridizations.This work was funded by The World Academy of Sciences (TWAS) and Swedish International Development Cooperation Agency (Sida) grant number 20-320 RG/BIO/AF/AC_G – FR3240314173
“The Articulate Attorney at Law”
Full text linkLawyers often speak before adjudicators, city councils, planning commissions, and give talks to civic groups, business executives, or company employees. They even give media interviews on behalf of clients. For certain individuals, it falls into place without any issues. It’s a piece of their characters. In any case, for the individuals who aren’t sure or have stage dread can generally work on speaking and oratory skills. It’s progressively essential to be a viable open speaker if you mean to be a litigator. Judges and juries will anticipate it. Restricting insight will be prepared to jump if you need certainty or on the off chance that you continually slip up when making your contentions in court. It is a highstress condition and you should be agreeable introducing your case as well as having the option to think and react quickly when being tested by your appointed authority. For attorneys, this is significantly increasingly significant. Individuals believe that since you’re a legal counsellor, you’re consequently a dauntless and splendid open speaker. We legal advisors all realize this isn’t in every case valid. This desire, however, is one motivation behind why it’s progressively significant for legal advisors to have great talking abilities than it is for some other experts. As a legal advisor, it’s important that you realize how to convince an adjudicator or council, or address a gathering of professionals, investors, or meeting members
Legal Personhood of Artificial Intelligence
No full textWith the rise of AI, artistic creation of content is no longer a purely human enterprise. Currently works made by AI are considered to be computer assisted or aided works and copyright/patent right is vested in the human being who uses Al as a tool. However, questions have arisen as who owns the copyright/patent right in AI-generated works where there is no human input. Is it the inventor of the AI? The owner of the AI (Who may not be the inventor)? Or might the AI be given a certain degree of legal subject status and thus have its own rights? Section 4 of the Copyrights and Neighbouring Rights Act, 20061 provides that the author of any work specified in section 5 shall have a right of protection of the work, where work is original and is reduced to material form in whatever method irrespective of quality of the work or the purpose for which it is created. Section 17 of the Industrial Property Act 20142 provides that the right to a patent belongs to the inventor. Section 17 of the same Act provides that where two or more persons have jointly made an invention the right to the patent belongs to them jointly. It remains unclear who the author or inventor of a work or invention by an AI will be
Fashion, Design and Entertainment Law in Uganda
No full textFashion is literally defined to mean a popular or the latest style of clothing, hair, decoration or behaviour. Fashion law can be defined as an amalgamation of various kinds of laws, viz, contract law, employment law, consumer protection law, but most importantly intellectual property law, which can be regarded as the major tenet of fashion law. It also includes related areas such as textile production, modelling, media and the cosmetics and perfume industries.
It is a specific field of law that deals with legal issues that impact the fashion industry.
Fashion is a popular aesthetic expression in a certain time and context, especially in clothing, footwear, life style, accessories, make up, hairstyle and body proportions. A trend often connotes a specific aesthetic expression and often lasting shorter than a season. Style is an expression that lasts over many seasons and is often connected to cultural movements and social makers, symbols, class and culture. Fashion is generally transient of short lasting in nature and involves continuous change
Media Law and Policy in Uganda: an appraisal on legal and policy issues in journalism in Uganda
Full text linkThe word "media" is adopted from the plural of the Latin word "medium". To mean news, entertainment, education, data and promotional messages are sent world-wide through this type of communication channels. Every broadcasting medium like newspapers, magazines, TV, radio, billboards, direct mail, telephone, fax and internet are part of what is the media.
In Uganda a system of customary law applied in Uganda prior to Britain declaring it a protectorate in 1884 and establishing colonial administrative law throughout the territory. In Buganda, largest of the traditional kingdoms in present-day Uganda, the kabaka (king) appointed a trusted official, the katikkiro, to be in charge of the kingdoms administrative and judicial systems. The country was never fully colonized as non-Africans were not allowed to acquire freeholds. Following the rise of African nationalism, a constitutional monarchy with a government based on the British model was implemented in 1955, and in 1957 political parties emerged and direct elections were held. Uganda became an independent commonwealth nation on 9th October 1962 with Milton Obote as prime minister.
Within four years, however, Obote abrogated this constitution and declared himself president under an interim constitution. Following an attempt on his life in 1969, Obote banned opposition political parties, leaving himself the country de facto absolute ruler. Less than two years later, on 25th January 1971, Obote was ousted in a military coup led by armed forces commander Idi Amin Dada. Amin declared himself president, dissolved parliament and amended the constitution to give himself absolute power. The subsequent eight years proved a reign of terror marked by political repression, ethic persecution, gross human rights abuses (including extra judicial killings) nepotism, corruption and economic mismanagement.
Obote was given sanctuary by Tanzanian leader Julius Nyerere, and was joined by some 20,000 followers. A year later, a group of these exiles attempted, unsuccessfully, to invade Uganda and remove Amin, who blamed Nyerere for backing and arming his enemies. Relations between the two states remained strained for many years. By 1977, the Uganda economy was floundering as was Amin’s hold on power. In an attempt to bolster his position, Amin ordered troops to attack Ugandan exiles in the Kagera salient, a narrow strip of Tanzania that juts north past Rwanda and Burundi and forms part of the southern border of Uganda.
On 21 January 1979, Nyerere ordered a Tanzanian invasion of Uganda. By early April, Tanzanian forces had captured the capital, Kampala and Amin had fled the country. Tanzanian troops then spread throughout Uganda to maintain law and order during preparations for elections. As there was no potential successor who enjoyed national support, Obote was returned to the presidency in December 1980, but his government struggled to suppress opposition.
In 1985, Obote was ousted in another military coup, this time led by Brigadier General Tito Okello, who ruled for six months before being deposed by the rebel National Resistance Army led by Yoweri Museveni, who was installed as president. Following promulgation of a new constitution in October 1995, Museveni won Uganda’s first ever direct presidential election.
In a referendum in July 2005, 92.5% supported restoring multiparty politics. The following month, parliament voted to change the constitution to allow Museveni to run for more than two terms. He is now in his fifth five-year term of office, opposition leaders claimed, however, that the 2016 election was marred by voter intimidation, arrests of opposition leaders and other irregularities. The Museveni years have proved a period of relative political and economic stability. Gross domestic product (GDP) in Uganda was worth US$26.37 billion in 2015, with GDP per capita ranking 37th of 53 African nations.16 While Uganda surpassed the millennium Development Goals target of halving poverty by 2015, and made significant progress in reducing hunger and empowering women, a large proportion of its current (2016) population of 37.8 million almost half of whom are aged under 15 years remains vulnerable to falling back into poverty.
The country has substantial natural resources, including fertile soils, regular rainfall, small deposits of copper, gold and other minerals, and recently discovered oil, with estimated deposits of at least 3.5 billion barrels. Agriculture is the most important economic sector, employing more than two-thirds of the workforce. Coffee accounts for the bulk of export revenues.
Until the late 1990s, Uganda had only one television station, the state-owned Uganda Television, which began broadcasting the year after independence. It is now called the Uganda Broadcasting Corporation, and also operates five radio stations. Competition came in the form of Sanyu TV and Wavah, and opened the way for other stations. Radio was dominated by the state-owned Radio Uganda until the early 1990s, when the first independent radio stations received licenses to operate. There are now more than 200 radio stations serving the country.
There are some 30 newspapers in Uganda, almost all of them publishing in English. The state-owed New Vision is Uganda’s oldest newspaper and has the largest national circulation. The Daily Monitor is independent, and the second oldest newspaper in the country. Red Pepper, a daily tabloid that began publication in 2001, is arguably Uganda’s most controversial news medium with its mix of politics, sensationalism and scandal. When, in May 2013, Red Pepper and the rival Daily Monitor published a confidential letter purportedly written by Army general David Sejjusa calling for an investigation into allegations of a plot to assassinate people who were opposed to the Museveni family holding on to political power in perpetuity, the offices of both publications were raided by the police, who shut down operations for several days.
Since then, however, Red Pepper has extended its reach by upgrading its online presence. Social media have made a significant impact on the country, but were ordered blocked by the Uganda Communication Commission in advance of Museveni’s latest inauguration. Some analysts fear this could become a routine government practice. That said, relations between the media and the government are widely recognized as having improved since the mid-1980s, with government members holding open press briefings and making television appearances. This may, it is noted, have much to do with the fact that journalists now have avenues of legal recourse available to them.
Media plays an important role in our lives as we experience the outer world more by print and digital media than directly. Media and journalism practice in Uganda is regulated by the laws of the land, supreme of which is the Uganda constitution. But over time, legislation in the country have ended up controlling instead of regulating in an acrimonious relationship between the media resulting in an acrimonious relationship between the media and successive regimes alongside other non-state actors.
There are indeed over a dozen post-independence laws that have been enacted and have a bearing on the practice of draconian laws still remain in the law books. Those that have been amended such as the Electronic Media Act 2000 have been replaced by pieces of legislations that are vague and or retrogressive.
Some specific sections of these laws have been ruled unconstitutional by the courts of law, such as the sedition and publication of false news provisions in the Penal Code Act. However, these still remain on the law books and have been used to charge journalists even when it is clear the charges would be dropped. For many observers, the aim has always been to fatigue the journalists in the process.
Where the laws have been in adequate in squeezing the life out of media, the state has tended to resort to other forms of control such as economic sanctions and closures of media houses, physical attacks, threats and harassment of journalists, among others, including denial of adverting revenue. Indeed, in 1993, the government slapped an advertising ban on the monitor (now daily monitor) as punishment for its critical reporting on government. The ban was later lifted in 1997, but the damage had already been done.
In May 2013, the government closed down operations of two media houses- Red Pepper and Monitor Publications for 11 days, together with their subsidiaries leading to massive losses in revenue. The closure followed the publication of a letter by Daily monitor, purported to have been written by the then Coordinator of intelligence, Gen David Ssejusa to his junior instructing them to investigate allegations of assassination plot against those opposed to the installation of Brigadier Muhoozi Keinerugaba (President Museveni’s son) as the president’s heir. The subsequent public debate in both social and main stream media licensed the government.
Three daily monitor journalists: Richard Wanambwa, Risdel Kasasira and Don Wanyama, the Managing Editor, had been interrogated by the criminal investigations over the source of the letter. They were ordered to handover the letter but even before the interrogations could be concluded, the police obtained a court order to search both daily monitor and red pepper premises for the said letter and other sensitive information respectively.
In the process, however, police suspended the operation of the two publications by switching off the printing presses and cordoning off daily monitor’s sister radio stations: KFM and Dembe fm.31 These acts by the state have led to a situation where the media operates in fear of the repercussions of their actions, with several reported cases of self-censor ship and spiking of public interest investigative stories deemed to be critical to the establishment and thus dangerous to publish or broadcast.
In June 2, 2013, a few days after the state lifted the ban on monitor publications, the Sunday monitor publications, the Sunday monitor (daily monitors Sunday edition) was forced to pull down a lead story “Museveni ranks low in East Africa” that was adjudged to have cast the president in what some thought was bad light. In his explanation for the story’s removal, Monitor Publications Managing Editor, Mr. Alex Asimwe, said: “We agreed to hold back the story because it had not been handled very well.”
The importance of media freedom and freedom of expression in the realization of other human rights and democratic processes cannot be overestimated due to the central role the media plays in decision making processes. In circumstances where the free flow of information and ideas is constrained, other human rights as well as democracy itself, are under threat. Particularly mechanisms, which are cornerstone of good governance, depend on the free flow of information and ideas, since citizen engagement can only be effective if people are informed and have the means to express themselves. Other social values including good governance, public accountability and individual fulfillment, combating corruption also depend on respect for freedom of expression. Given its power, those in leadership have always sought means to tame the media using a number of avenues including very restrictive legislation, which prescribe punitive measures in case of breach.
For journalists therefore, an understanding of the legal and policy frameworks that affect media and freedom of expression in Uganda is critical since this empowers them not only to appreciate but also to take full control of their situations. Particularly so for freelance journalists and others working for small media houses who may fall victim to the different provisions without the readily available legal support that their colleagues working for big media house enjoy.
As a country, Uganda has ratified and assented to several international legal instruments that bind her to respect the human rights provisions there in and these can therefore be cited to challenge some of the provisions in our national laws that are not compliant, but also in demanding that the government guarantees the respect and protection of human rights in any new legislation
The law of sports and entertainment in Uganda
No full textSports can be defined as institutionalized competitive activity which involves two or more opponents and stresses physical exertion by serious competitors who represent or are part of formally organized associations. According to the Oxford Dictionary, sport is an amusement, diversion, fun, pastime and game. Sports have been differentiated from games on the basis of the high physical skill factor they involve, and a sociologist has defined sport as institutionalized competitive activity which involves two or more opponents and stresses physical exertion by serious competitors who represent or are part of formally organized associations. Others define, sport, as a combination of physical and mental activity, governed by a set of rules or customs with social, educational and cultural dimensions. According to Bellis Mary, the documented history of sports goes back to at least 3000 years. In the beginning, sports often involved preparation for war or training as hunters which explain why so many early games involved throwing of spears, stones and rocks and sparring one on one with opponents. The physical activity that developed into sports had early links with ritual, warfare and entertainment. As far back as the beginning of sport, it was related to military training. For example, competition was used as a means to determine whether individuals were fit and useful for services. With the first Olympic Games in 776 BC that included events such as foot and chariot races, wrestling, jumping, discus and javelin throwing the ancient Greeks introduced formal sports to the world
A Discourse to Decriminalise and Delegalize
No full textCannabis is a drug plant. People use the dried leaves, seed oil, and other parts of the cannabis plant for recreational and medicinal purposes. It can have a pleasurable effect and may soothe the symptoms of various conditions, such as chronic pain.
It is prudent to say that the first written record of the plant consumption and growing is in South Africa. Jan van Riebeeck, who ordered officers of the Voorman to purchase "daccha" in Natal for trade with the Khoikhoi. The Dutch East India Company attempted to establish a monopoly on its sale, and to that end prohibited cultivation of the plant by Cape settlers from 1680. However, the ready availability of cannabis in the wild and through trade with indigenous peoples meant that there was little profit to be made. Consequently, the prohibition was lifted in 1700.
Beginning in 1860, the Natal Colony began to import Indian workers (called "coolies" at the time) to supplement their labour force. These Indians brought with them the habit of consuming cannabis and hashish, which blended with local, extant African traditions. The European authorities were concerned by this practice, believing it sapped the vitality of their workers; consequently, in 1870, Natal's Coolie Law Consolidation prohibited "the smoking, use, or possession by and the sale, barter, or gift to, any Coolies whatsoever, of any portion of the hemp plant (Cannabis sativa) ...