Answer to Question #198758 in Sociology for kkk

Question #198758

Question 4

a)All societies throughout history have had legal systems. Even in less advanced societies, primitive tribal societies with no Parliament and no courts, there was some sort of legal system based on customs and traditions. Discuss any three theories that shaped the evolution of law in the society.

CR(10 Marks)

b) It is always said that, by their nature, human rights are both universal and inalienable. What is your view about this statement? AP (5 Marks)

c) The Ghanaian court of law has a variety of prerogative writs that it uses in the application of its discretionary decisions. Clearly establish the difference

 between certiorari and prohibition.

Expert's answer


Natural law Theory

This theory was formed by Greek philosophers like Aristotle, Socrates, and Plato. Later, the theory was adopted by other philosophers like Kant.

This theory studies the relationship between nature and society. Natural law theory suggests that there is a law that controls an individual's relationship with society. In addition, it is made by a person to controls relations within the society. These are called positive laws rather than natural laws.

Positive law theory

This theory separates the statements from actions. Moreover, it gives the difference between "is" and "should". The theory has three elements: sanction, command, and sovereign. This theory is also called analysts' law theory. Because it analyses what has happened and what should happen or what has happened.

Realist Theory of law

This theory explains that law is what the judge says in the court of law but not mere dead words. In this theory, rules are put in the court of law to give judgment on practical cases.

B) Human rights are both universal and inalienable. Everywhere anyone goes the human rights are the same. For example, the right to speech, no one in the world can be detained from speaking their minds, because, human beings are not limited. On the other hand, the rights of people can only be delayed but can not be taken away from them. For example, the right to education can not be taken away from anyone. Time or financial resources that support education may delay an individual's right to education but it can not be taken away.

C)certiorari is a none compulsory writ that a higher gives to a lower court requesting for the records to review a case while prohibition is a scenario where a higher court orders a lower court or a subordinate court to stop doing what the law condemns.

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