Answer to Question #174576 in Sociology for Kwame Hayford

Question #174576

Question 1

 a) Prerogative writs are public law remedies and not private law remedies and so lie only against public companies and will not lie against private ones. Discuss to some details three of such writs within the Ghanaian context of law.

b) Law plays important roles in every society around the world. Clearly examine any three significant roles of law in society.

c) According to Emile Durkheim, Law is a measure of the type of solidarity in society. With illustrations, distinguish between the types of law he stipulated in his attempt to justify his statement.

Expert's answer

Answers to the question.

A. -Prohibition- its directing a subordinate to stop doing something the law prohibits.

-Mandamus- its an or order issued by a higher court to compel or to direct a lower court or a government officer to perform mandatory duties correctly.

-Certiorari- it's an order by a higher court directing a lower court to send the record in a given case for review.

B. - Law serves as a norm of conduct for citizens.

-Law acts as a guideline as to what is accepted in the society.

-Law plays as an agent of modernization and social change.

C. -Restitutive law- it reflects a solidarity that implies differences among individuals. Each individual has a sphere of action which is peculiar to him or her. Each individual depends more heavily on society at large as there is a greater division of labor.

- Repressive law- it's the one in which a law breaker is severely punished for their crime. It exists in mechanical solidarity because the laws are based on the very powerful collective conscience or set of social norms that the people in a mechanical society all strongly believe in.

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