THE REASONING BEHIND LEGISLATION

CONTENTS:

1.0       Introduction

2.0       Objectives

• Main Content
• Dynamic Nature of the society
• Anti-social Elements
• Paradigm shifts in universal value
• Scientific and Technological Breakthroughs
• Change in Political cum economic ideologies of government

4.0       Conclusion

5.0       Summary

6.0       Tutor Marked Assignment

7.0       References/Further Reading

INTRODUCTION

Legislations are mostly instigated by the demands and suggestions of the citizens, interest groups, a community, a private person or government institutions or departments in form of proposals to the legislature. Thus, the object of this Unit is to gain insight into the dynamics and legal reasoning behind legislation in our country.

OBJECTIVES

In this Unit you will be able to understand the following:-

• The dynamic and legal reasoning behind legislation
• That as the society develops and embraces new attitudes, values and ideas, its legal system automatically makes a paradigm shift as well
• How laws are mostly instigated by suggestions and proposals of citizens and other interest groups

MAIN CONTENT

Dynamic Nature of the Society:

The subject of law is about human being and the target of its specification is human behaviour. Human beings by nature are dynamic; therefore, law must be and is very dynamic. As the society develops and embraces new attitudes, values and ideas, its legal system also reacts to bring its law into conformity with the changing attitudes, values and ideas. Many of our customs have been invalidated on the grounds that they are incompatible with natural justice, equity and good conscience and in some new attitude have been enacted into law.

Anti-social Elements:

Legislations may be made to arrest deplorable, reckless or anti-social behaviours or practices of the people. Such behaviours may be injurious to the interest of the whole populace or the image of the country abroad. For instance, in order to curb unconventional banking practices leading to distress and failures in the Nigerian banking institutions, the Nigerian government has enacted certain Decrees in order to arrest and prosecute those indulging in evil dealings against the society.

Paradigm shifts in Universal Value:

Legislation may be made to embrace global shifts in value systems and incorporate international standards in certain areas of our domestic law. For example, if there are new legislation on women’s rights, the rights of children, conservation and preservation of nature, environment, endangered species of animals, birds and fishes among others, there must be incorporated into our existing laws through domestication, and our membership in various international organizations, necessitated this.

Scientific and Technological Breakthroughs:

Proposals for legislation may be made to cope with the scientific and technological breakthroughs in order to maintain law and order in the area. The advent of satellite communications and the use of computers have made access to information throughout the world easy at the touch of a button. However, the Internet, described as the information super highway has also brought about a new set of problems, rights, duties and liabilities, which now necessitate the development of information technology laws.

Change in Political cum Economic Ideologies of Government:

A change from a Military regime to a civilian regime or vice versa will inevitably necessitate the abrogation of certain Decrees and Edicts and the promulgation of new ones to establish a new Legal Order and establish the policies of the government.

SELF- ASSESSMENT EXERCISE

Explain the dynamics and legal reasoning behind legislation in Nigeria

CONCLUSION

In this Unit we have discussed various aspects of legal reasoning in law. For example, we discussed about the dynamic nature of the society, anti-social elements, paradigm shifts in universal value, scientific and technological breakthroughs change in political cum economic ideologies of government. Hence, the above-mentioned points are the reasons why new legislations may be made.

 SUMMARY

Apart from the above factors, legislation may be made on a matter at the instance of a government ministry, corporate body, a legislator or a private citizen. Communities may also call for legislation on matters affecting them, for instance, the clamour by the populace that they, are subjected to unfair and illegitimate multiple taxations may lead the government to ensure that its tax system has a human-face.

  TUTOR MARKED ASSIGNMENT

Various  circumstances  necessitate  the   reasoning   behind  legislation.    Discuss the circumstances.

 REFERENCES/FURTHER READING

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

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

 Hall, J., (1960) – General Principles of Criminal Law, Indianapolis, Bobbs Publication.