ANALYSIS OF THE VARIOUS SCHOOLS OF THOUGHT IN RELATION TO THE MEANING OF LAW
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ABSTRACT
Law can be defined as the body of rule designed or formulated to guide human actions or conducts which are enforced among the members of a given society, the breach of which attract sanctions.
However, in spite of the ambiguity created in defining law and failure to reach universally acceptable definition of the term law. Therefore, it is most pertinent to examine the meaning of law from the different schools. For instance the natural school lead by Thomus Acquina, he sees law as what is fair, just, right and good. The historical school postulate, that law should be rooted in the people and reflects the common consciousness. To the sociological school, law is the pertinent norm and value in the society while the realist perceived law to be made through the medium of court. Utilitarian sees law to promote utility.
The definitions of law from the above is not all encompassing as Professors Okunniga Once posited
Nobody including the lawyer is offered, nobody including the lawyer is offering, nobody including the lawyer will be able to offer a definition of law to end all definitions
On the whole, the definition of law up till the present day is still a subject of controversy among the jurists. A precise and appropriate definition is yet to be given to the meaning of law. It is on this note that this research aimed at analyzing the definitions given by various Scholar of each school Vis-Ã-vis the meaning of law, the study is also intended to carryout divergent views among jurists, scholar on the essential needs for universally acceptable definition of law.
To this end, the research consists of five chapters the first chapter, deals with general introduction, the second chapter focuses on the nature and meaning of law chapter three, deals extensively with theories of law while chapter four concentrates on the view of law in Nigeria legal system and the last chapter contains conclusion with recommendations.
Table of Contents
CHAPTER ONE
GENERAL INTRODUCTION
1.0 INTRODUCTION
1.1 BACKGROUND OF THE STUDY
1.2 OBJECTIVES OF THE STUDY
1.3 FOCUS OF THE STUDY
1.4 SCOPE OF THE STUDY
1.5 METHODOLOGY
1.6 LITERATURE REVIEW
1.7 DEFINITION OF TERMS
1.8 CONCLUSIONS
CHAPTER TWO
NATURE AND MEANING OF LAW
2.0 INTRODUCTION
2.1 MEANING OF LAW
2.2 FEATURES OF LAW
2.2.1 LAW IS BODY OF RULES
2.2.2 IT IS MAN MADE
2.2.3 IT IS NORMATIVE IN CHARACTER
2.2.4 IT HAS AN ELEMENT OF COERCION
2.2.5 TERRITORIAL LIMITATION
2.2.6 DYNAMIC IN NATURE
2.3 FUNCTIONS OF LAW IN THE SOCIETY
2.3.1 DEFINITION AND REGULATION OF SOCIAL RELATIONSHIPS
2.3.2 IDENTIFICATION AND ALLOCATION OF OFFICIAL AUTHORITY
2.3.3 DISPUTE SETTLEMENT AND REMEDIES
2.3.4 CHANGE OF LAW
2.4 OBJECTIVES OF LAW
2.4.1 LAW AND STATE
2.4.2 LAW AND FREEDOM
2.4.3 LAW AND JUSTICE
2.4.3.1 FORMAL JUSTICE
2.4.3.2 SUBSTANTIVE JUSTICE
2.4.4 LAW AND LEGITIMACY
2.4.5 LAW AND SOVEREIGNTY
2.5 SOURCES OF LAW
2.5.1 PRIMARY SOURCES
2.5.2 SECONDARY SOURCE
2.6 SCHOOLS AND SCHOLARS OF THE SCHOOLS OF THOUGHT
2.7 CONCLUSION
CHAPTER THREE
THEORIES OF LAW
3.0 INTRODUCTION
3.1 THE NATURAL LAW SCHOOL
3.2 THE POSITIVIST SCHOOL
3.3 THE HISTORICAL SCHOOL
3.4 THE UTILITARIAN SCHOOL
3.5 THE SOCIOLOGICAL SCHOOL
3.6 THE PURE-THEORY OF LAW
3.7 THE REALIST SCHOOL
3.8 CONCLUSION
CHAPTER FOUR
THE VIEW LAW IN NIGERIA LEGAL SYSTEM
4.0 INTRODUCTION
4.1 THE PERSPECTIVE OF LAW BY THE NIGERIAN COURTS
4.2 THE DEFINITION OF LAW WITHIN THE SOCIAL EXPERIENCE OF NIGERIA
4.2.1 THE LITERARY RULE
4.2.2 THE GOLDEN RULE
4.2.3 THE MISCHEF RULE
4.3. CONCLUSIONS
CHAPTER FIVE
GENERAL CONCLUSION
5.0 CONCLUSION
5.1 RECOMMENDATIONS
BIBLIOGRAPHY
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