Application of African Customary Law in Kenya

Indigenous people have long held a complex system of law known as ‘traditional law’ well before British law was introduced in

The Government’s main premise was that Indigenous people must be taught to waive their cultural responses, for example the law, in exchange for the white law, its protections and prosecutions (van Krieken 2012). Eventually resulting in Indigenous cultural traditions to be replaced with white traditions, such as living in towns, being employed and working, as well as following Christian beliefs and values (Ramsland 2004). By using the law it assisted in the assimilation progression. In order for the law to function successfully in reference to Indigenous people, the Government claimed that Indigenous people needed to be committed to the law, and submit themselves in it. To submit the Indigenous people into the law, Hasluck used two main notions. Firstly, displaying that if they submit themselves into the law that the law will protect them (van Krieken 2012). Secondly, showing that the law was equal to white people and Indigenous people. This notion demonstrated equality within the law for Indigenous people (van Krieken 2012). The government believed if they submitted themselves into the law he

Rule of law is an important value in western civilization that was first emphasized by the early Hebrews. The Duxbury Middle School Handbook states that laws for the students. For example, one of the rules is that you have to turn your phone off during school hours. This evidence proves that Rule of law is an important value in western civilization because if you don’t turn

Common law is the system of laws, which originated and were developed in England, that are “based on court decisions, on the doctrines implicit in those decisions, and on customs and usages rather than on codified written laws” (Melvin, 2011). In other words, common law is law that is made by judges not by the legislature. It is law that is based on court precedent and it evolves over time. Statutory law, which is also referred to as statute law “is written law established by enactments

The differences between legal rules and other kinds of rules is that criminal law refers to the consequences associated with breaking them. As the substantive law meaning that it is the law of crimes, referring that Criminal law is the code conduct that all in the society need to follow the rule, and the prohibitions on murder, assault, and burglary. Meaning that if an individual violates or commits these crimes they are going to be treated as a criminal by punishing act from the state. Civil law is refers to procedural law to follow the rule of the state from someone that has committed a crime. Which it is divided into 5 categories, for example torts, property, contract, family, and juvenile law.

The social constructs of law relate it to be something of complexity, where one’s rights and protections are imagined to be difficult to find. The law is an historic and modern aspect of the world, ensuring uniformity. It is important for the law to become not only a creator, but also a product of its environment. For society to accept the law and for its effectiveness, it must be made in ways reflect societal values.

In every society around the world, the law is affecting everyone since it shapes the behavior and sense of right and wrong for every citizen in society. Laws are meant to control a society’s behavior by outlining the accepted forms of conduct. The law is designed as a neutral aspect existent to solve society’s problems, a system specially designed to provide people with peace and order. The legal system runs more efficiently when people understand the laws they are intended to follow along with their legal rights and responsibilities.

Law is a system of rules that are enforced through social institutions to govern behavior. (Robertson, Crimes against humanity, 90).Laws can be made by a collective legislature or by a single legislator, resulting in statutes, by the executive through decrees and regulations, or by judges through binding precedent, normally in common jurisdictions.

Common law is law originating from use and custom rather than from written statutes. The term refers to non-statutory customs, traditions, and precedents that help guide judicial decision making (Schmalleger). The judge

Legal formalism is a legal theory which believes that the law is to be determined rationally. It is a theory that is important when looking as various aspects of South African law. This approach is both literalist and formalist at the same time. A legal formalist belief in the determinacy of legal rules sees judges deciding cases on the basis of distinctively legal rules, uninfluenced by political or policy considerations. Legal formalism is a theory with which lawyers and judges see the law as autonomous, comprehensive, logically ordered, and determinate and believe that judges should engage in pure mechanical conclusion from this body of law to produce a single correct

Human civilization marked the beginning of modern day legal systems. The advancements in societies resulted in maintaining certain rules and regulations to continue this progress. Every society has its own set of laws which are in some ways distinct from others. Many of these laws have common sections and underlying guidelines. This could be because some societies decide to retain certain aspects of their customs after breaking out of another society. It could also be the case that over time different societies through trade and other intercultural activities developed together, which caused them to have agreements in their laws. For many others, it is the case that they share a common colonial master. The law and legal systems operating today are derivatives of the forms listed above.

Since we were kids and became conscious of our surrounding, our parents and grandparents instilled in us an awareness of what is right and wrong. In other words, it is a trait of all human beings and fosters from our desire to get along with each other to live a harmonious life. Laws are a set of rules and behaviors set by governments that society illustrate on what people can or cannot do. The purpose of this paper is three-fold: it will identify and define what distinguishes law from ethics and what similarities they share. The second is an analysis of examples of where law and ethics either meet or diverge. Third is the role where law and ethics either meet or diverge.

Common law - that part of the English law not embodied in legislation. It consists of rules of law based on common custom and usage and on judicial court decisions. English common law became the basis of law in the USA and many other English-speaking countries.

According to Reference.com (2007), law is defined as: “rules of conduct of any organized society, however simple or small, that are enforced by threat of punishment if they are violated. Modern law has a wide sweep and regulates many branches of conduct.” Essentially law is the rules and regulations that aid in governing conduct,

In every political society it is the law which contributes to its civilized character, but law is the handmaid of social justice, rendering in the interest of society that which is according to law and to which a person or persons are entitled.