THE CONCEPT AND EVOLUTION OF LAW

CONTENTS

1.0       Introduction

2.0       Objectives

• Main Content
• Meaning of Evolution of Law
• Importance of Evolution of Law to Mankind

4.0       Conclusion

5.0       Summary

6.0       Tutor Marked Assignment

7.0       References/Further Readings

INTRODUCTION:

A man living in total isolation from others may cut the way he chooses and do anything according to his fancies and caprices within the limits of his mental and physical ability in his environment. This cannot be so if he is living with one or more persons whatever the relationship that exists between them whether the other person is his wife, servant or family member. This is because, once there exists a minimum level of socialization between at least two persons, some conflict of interests beginning to manifest. At this juncture, they deserve somewhat, a rule that would restrict them from acting in an arbitrary manner, since one man’s meat is another man’s poison. Thus, this brings  in the concept of law.

OBJECTIVES

At the end of this unit you will be able to know the following:-

• The meaning of Natural law
• The need for Law in a society
• That the natural law of method is a pre-modern conception,etc

MAIN CONTENT

The Meaning of Evolution of Law

From the outset, law has always concerned itself with issues about values, rights, duties/ obligations and justice. However, the issues arise in the process of man’s bid to  institute mechanisms or methods that would bring about a better life for humanity. Thus, in the course of man’s philosophic quest, natural law developed.

 However, the evolution of law is a philosophic ponder/rumination on law which has its roots in an equity. According to Unah, “The ancient Greeks, in the sense of its later refinement, bequeathed (to give to others after death) Natural Law to the West by their search for eternal forms of virtue, especially that of Justice”. As a doctrine, natural law has meant so many things to so many thinkers across time from different perspective, positively and negatively.

According to Dias, natural law refers to the “ideals, which guide legal development and administration. A basic moral quality in law which prevents a total separation of the is from the ought, the method of discovering perfect law deducible by reason the conditions which must exist for the existence of law”.

To Cicero, natural law is that time law of right reason which in accordance with nature, applies to all men and is unchangeable and eternal”.

Jerome Frank notes that “there exists a body of fundamental, unalterable, basic principles uniformly applicable to all mankind, for the just governance of society, those principles are rational, it follows that men, by the use of reason, can discover them”.

However, the foregoing definitions and explanations, undoubtedly, portray the natural law concept as a paragon of beauty devoid of any blemish.

Thus, it is important to note, that, in its modern conception, natural law has shifted emphasis to content rather than method. It is this conception that gave birth to the term “natural law of content”. This lays emphasis on the natural rights of man.  It holds  that there is a constitutional provision which has a primacy of place, and that the precious item by which the success or failure of the legal system is to be judged has a place in the Constitution.

SELF-ASSESSMENT EXERCISE 3.1

From the angle of natural law, explain the meaning of evolution of law.

The Importance of Evolution of Law to Mankind.

The essence of evolution of law or natural law is that it had replaced the primitive theory that might is right. The instinct of self-preservation and egoism will, unless restrained, invariably cause one of the persons powerful enough, to assert his authority or power over his fellow man and dominate him. Let alone when a number of individuals, families or groups are living together in a society.

When socialization got to this level, the habits of the people began to crystallize into customs and rules. Initially, when rules were broken, the people administered justice by self-help through forcible reprisals and family feuds.

The rule of force held sway during this period as the weak, the young, the aged and those who were deficient or disadvantaged one way or the other, were subjected to all sorts of exploitation and deprivation. It eventually became a necessity for the society to be organized in such a way that the competing interests in the society will be harmoniously balanced.

In its initial stages of development, law consisted mainly of customary rules or practices, and the King or Elders gathering at the village square to resolve disputes administered ethical values. Social order was thus maintained by a series of unorganized sanctions such as ostracism, ridicule, avoidance of favours etc. In certain instances the punishment inflicted was disproportional to the harm.

However, the method of maintaining social order then had undergone many layers of development and reforms to become what we have today as Rule of Law – that is, the constitutional doctrine which emphasizes the supremacy of the Law as administered by the government through its agencies and officials such as the Law Courts, Police, Ministries, President, Civil Servants, etc.

Constitution, as we know, is the supreme law of the land, which has a binding force on all authorities and persons within its environment of operation. In its drive to institute and sustain human rights, the constitution usually provides for the fundamental rights of man – natural rights which belong to a person for the single reason that he was born a human being, and those rights enjoyed by him by virtue of the fact that he is a member of a particular community.

These rights are:-

• The right to life – section 33
• The right to human dignity – Section 34
• The right to personal liberty – Section 35
• Right to fair hearing – Section 36
• The right to private and family life – Section 37
• The right to freedom of thought, conscience and religion- Section 38
• The right to freedom of expression and the press – section 39
• The right to peaceful assembly and association – Section 40
• The right to freedom of movement – section 41
• Right to freedom from discrimination – Section 42
• Right to own and acquire immovable property – Section 43
• The right of adequate payment for private property compulsorily acquired for public purposes – Section 44

It is therefore, pertinent to know that the 1999 Constitution of the Federal Republic of Nigeria has made provisions under Sections 33 to 44, the Fundamental Rights of the Citizenry. Thus, since the Constitution aims at the realization of the natural rights of man, it stands to reason that man must abide by the rules that promote these rights. A violation of these rules results in anarchy.

SELF-ASSESSMENT EXERCISE 3. 2

Enumerate and explain the fundamental rights of man as stipulated in the 1999 Constitution of the Federal Republic of Nigeria.

 CONCLUSION

In this unit we have discussed and defined the Concept and Evolution of Law, its importance to humanity. We have also enumerated different kinds of the fundamental rights as enshrined in Section 33 – 44 of the 1999 Constitution of our country. Thus,  we conclude that it is the ideal right that gives birth to rules and regulations within the context of a social structure.

 SUMMARY

It is worthwhile to sum up by asserting that the purpose of any rule for man in society is to help him seek the common good, live in society, do good to others, avoid harming others, and render to each his own best. Notwithstanding Sections 33 – 44 of our Constitution, Section 45 therefore restricts individuals from the abuse of these fundamental rights. Thus, thou shall not kill and love thy neighbours as thyself; this reminds us of the golden rules or the Ten Commandments in the Holy Bible.

TUTOR MARKED ASSIGNMENT

• What is the importance of Evolution of Law to mankind?
• What are the fundamental rights and duties as provided in Sections 33 – 45 of 1999 Constitution of the Federal Republic of Nigeria?

REFERENCES/FURTHER READINGS

Akaniro, E. G. (1997) – A Study Guide to General Principles of Nigerian Law, Ikeja, Elcoon Press Ltd.

Dias, R. W. M. (1976) – Jurisprudence, London, Buther Wors.

Fisher, B.D. (1977)  – Introduction to the Legal System:    Theory, Overview, Business Applications - Western Publishing Co.

Nnayelugo Okoro and Aloysius-Michaels Okolie, (2004) – Law, Politics and Mass Media In Nigeria, Nsukka, Prize Publishers Ltd.

Sanni, A. O. (1999) – Introduction to Nigeria Legal Method, Ile-Ife, Kuntel Publishing House.

The 1999 Constitution of the Federal Republic of Nigeria.