1. Legal Methods 101
David Oluwadare Adetoro
Fall Semester

2. Week Five
Types of Law

3. Types of Law Eternal Law versus Divine Law Ecclesiastical or Canon Law
Natural Law
Human or Positive Law
Written Law versus Unwritten Law

4. Eternal Law versus Divine Law
Derives from eternity
Unchanging, everlasting and universal
Divine Law
Derives from a deity or God
Based on the premise that man is incapable of making a valid and just law due to his inherent sinful nature and must then seek from God for perfect law
Is there
really an eternal Law?
Injunctions embodied in holy books , eg, the Bible and the Quaran

5. continuation
Eternal law is credited to be the source of every other law.
According to St. Thomas Aquinas, ‘The natural law is nothing but a participation of the eternal law in a rational creature’
An example of divine law is the Ten Commandments contained in the Holy Bible

6. Ecclesiastical or Canon Law
This is the body of religious laws, rules and regulations made by ecclesiastical authority (Church leadership, especially in the Catholic Church), for the government of a Christian organization or church and its members
Ecclesiastical or Canon law has its origins in ancient church writings, decisions made by the general councils of local bishops, and rulings issued by the Pope
These regulations are called canons and are codified in the Code of Canon Law (in Latin, Codex juris canonici)
These have had some influence on secular (non- church-related) legal procedures
Since the fourth century, the Roman Catholic Church has been developing regulations that have had some influence on secular (non-church-related) legal procedures. These regulations are called canons and are codified in the Code of Canon Law (in Latin, Codex juris canonici).
The law of England, which inspired much of the law formed in the United States, was a mixture of canon law and Common Law (principles and rules of action embodied in case law rather than legislative enactments). Canon law and English common law borrowed heavily from each other throughout medieval times and together formed the basis for many of the legal procedures used in the United States. For example, canon law's influence is still visible in the concepts of the Grand Jury, presentment (a description of a criminal offense that is based on the jury's own knowledge), and some characteristics of U.S. marriage law.
Canon law has its origins in ancient church writings, decisions made by the general councils of local bishops, and rulings issued by the pope.

7. Natural Law The law of nature – theories on natural law
There are various concepts of the natural law theory
The law of nature in its prescriptive sense is a Universal precept or command intended by nature to regulate human behavior
Jus gentium – natural reason established among mankind and observed equally by all the people
Jus civile – law which many people established for themselves
The word ‘nature’ itself is used in several senses that could create functional problems for the meaning of the concept ;’ natural law’

8. Some definitions of natural law
Natural law is a body of rules and principles of human conduct which can be deduced from nature
According to Lord Lloyd, natural law is a body of objective moral principles based on the nature of the universe and discoverable by reason
Some have argued that natural law includes a body of moral rules discoverable through God.
Some writers like Professor Lon Fuller, contends that there is no separation between law and morals. He asserted that law is a purposive exercise involving governance by rules. The Nuremberg war trials gave credence to the great importance attached to natural law. St the rials it was proclaimed that – the superior orders constitute no defence to ‘crimes against humanity’

9. Human or Positive Law
This is in contradistinction to natural law which is the law of God
It assets that law is posited and laid down by an authority of the society which provides its sole authority
It is made by man for the purpose of ruling man
It does not concern itself with morality or ethical precepts
It consists of definite rules of human conduct with sanctions to enforce compliance whenever a breach occur
According to Hart, ‘law is a command and there is no necessary connection between law and morals or law as it is (lex lata)
And the law as it ought to be (de lege ferenda)

10. Written Law versus Unwritten Law Written Law versus Unwritten Law
Law in written form generally known as statute or legislation
Written law takes its force from express legislative enactments
Examples include : A written constitution , such as the Nigerian Constitution, Decrees and treaties made between or among different countries
Unwritten Law is law that is either wholly unwritten or partially written
Not enacted or passed in the form of statute law or legislation
Examples include: the common law o England, Customary law in Nigeria and Judicial precedents, or case law, that is principles and rules of law as established by courts in judicial proceedings

11. Study Questions: - Contrast eternal law with canon law
- What are some of the reasons for the validity of natural law?
- In what ways is positive law of stronger appeal than all other types of law learnt under this topic?
- Discuss the advantages and disadvantages of written law and unwritten law.

12. Methods of Social Control through Law
Week seven
Methods of Social Control through Law

13. Methods of Social Control through Law
Issues for Consideration
The idea of social control
Techniques of social control: the penal method; the grievance-remedial method; the private arranging method; the constitutive method; the administrative regulative method; the fiscal method; the social benefit method

14. Study Questions & Reading list
How is the society able to reduce deviant behaviors?
How does the law control human institutions?
Which technique of social control is most appropriate to reduce youth restiveness in the Niger Delta?
Discuss whether there can be an alternative to the penal technique in a murder case.
Reading List:
Gidado & Shikyil, Chapter Four
Malemi, Chapter Eight.
Odike Chapter Thirteen.
Oji, Chapter Three.
Sanni, Chapter Three.

15. The idea of social control
What is social control?
Social control refers to the methods used by members of a society to regulate, maintain order and promote predictability of behavior
Social control means to how a society is regulated to be conducive and peaceful
There are many different forms of social control : religion, customs and tradition, law etc.
Law is one of the major forms of social control in modern societies

16. Society and the Necessity of Restraints
To bring about conformity, solidarity and continuity of particular group or society
Without social control, norm violation, or deviance can become rampant thereby leading to break down of law and order in a society – See William Golding’s classic novel, Lord of the Flies
See William Golding’s classic novel, Lord of the Flies. This novel was a terrifying depiction of a society in which norms broke down and social order disappeared . In essence one of the themes of the novel is that society can easily dissolve into chaos without adequate social control. Recall the consequences of the French Revolution of 1789 and the Industrial Revolution

17. Techniques of social control
Law and Socialization are the two basic processes of social control
Law – external pressure – both negative and positive sanctions
Socialization – internalization of group norms
the penal method;
the grievance-remedial method;
the private arranging method;
the constitutive method;
the administrative regulative method;
the fiscal method;
the social benefit method.
What is socialization?
Internalization of group norms
The process of learning the rules of behavior for a given social group
Individuals develop self-control by being taught early what is appropriate, expected or desirable in specific situations

18. Techniques of social control
Different questions ? Same Answers?
How can law be used to regulate society?
What are the techniques of social control through law?
the penal method
the grievance-remedial method
the private arranging method
the constitutive method;
the administrative regulative method
the fiscal method;
the social benefit method.

19. the penal method
The penal method means enforcement of the criminal laws by the government through the courts , and other agencies in the justice system.
This method uses criminal law to prohibit crime and sanction criminal conduct which could result to either fines or imprisonment or both
The Penal Technique. The word “penal” has been defined by the Black's Law Dictionary 9th Edition as. “Of, or relating to, or being a penalty or punishment, especially for a crime”. From the meaning of the word “penal” we can deduce that the penal technique is the one which involves the regulation of crime in the

20. Continuation How does the penal system bring about social control?
How does the penal system work?
What are the disadvantages of the Penal system ?
It does not totally eradicate crimes
It only deals with the symptoms of crime, and not the root of crime
Death penalty and other punishments do not deter people from crime

21. grievance-remedial method
This is applicable only in the realm of civil law, for example in contract
It involves the award of remedies to aggrieved persons due to a breach of contract
Remedies may take the form of injunction or specific performance
This method has different advantages and disadvantages
The private arranging method is often used as an alternative to it because of its own unique advantages

22. administrative regulative method
Governments efforts to provide minimum standards in the overall interest of the public has continued to increase through regulation of wholesome or legally permissible social activities
How ?
Through direct participation by the creation of a public monopoly enterprise or
Seeks to regulate the private operators through administrative regulatory agencies like NAFDAC and FDA
The National Agency for Food and Drug Administration and Control (NAFDAC) .
A common example is the system of licensing where health officials may make regulations ( health and safety ) to govern the activities of a public house like a restaurant or a cinema. ARM also aims at preventing discord between public institutions or their operators with the private citizens. It also serves as a means of ensuring fair deal in their relationship. Periodic inspection is a way of monitoring ongoing activities under the jurisdiction of a particular agency. For example, in many industries and businesses in Nigeria and in the US, government inspectors operate on the premises. So when a U.S. Food and Drug Administration (FDA) inspector finds botulism in soup, the manufacture will withdraw the product from grocers’ and manufactures’ shelves and destroy the cans because they could be prosecuted through the US Department of Justice

23. CONTINUATION
This is more than setting of standards and punishment of those who fail to comply
Preventive measures by these agencies are potent means of government control
Their activities may lead to proposals for corrective legislation governing regulatory standards

24. Mode of operation of administrative agencies
Adoption of regulatory standards
How do they ensure compliance?
Systems of licensing
Inspection
Letter writing
Revocation of license before the initiation of administrative proceedings
Civil litigation or
Criminal litigation as a last resort

25. the private arranging method
A matter of individual initiative to deal with consequences of private and commercial interests
Examples include the realm of contract of sale, gift will, marriage, club and association
One of the consequences could be disputes arising from performance of contract to be dealt with through a private arrangement called arbitration clause
Other forms of private arrangement include use of liquidated damages clause and insurance clause
Other types of clause often used are liquidated damages clause, insurance clause. Please note that while thw law encourages the use of private arrangement for settling of disputes, such arrangement cannot contain any clause to oust the jurisdiction of the court to entain any dispute arising from such transaction.

26. constitutive method
To foster social order by facilitating cooperative actions
Pooling of efforts and resources by a group of people or entities desirous of achieving some social ends like charitable causes, social enterprise etc.
The uniqueness of this is that it vest in the group a distinct and separate legal personality, different from that of the individual members
See Salomon v. Salomon [1892] A.C.22

27. the fiscal method
Uses taxation to achieve redistribution of income and stimulation of economic goals
To discourage anti-social behavior and thereby promote social order
The fiscal method operates to curb or stem conduct which are not criminal in nature but are regarded as not good for the health of the society. As result, government often introduce or raise the tax threshold for such activities
See the introduction of penalty for gas flaring through the Associated Gas Re-injection Act, Cap 26 LFN 1990.
See the introduction of penalty for gas flaring through the Associated Gas Re-injection Act, Cap 26 LFN The fiscal method operates to curb or stem conduct which are not criminal in nature but are regarded as not good for the health of the society. As result, government often introduce or raise the tax threshold for such activities.

28. the CONFERRAL social benefit method
Modern government is beyond maintenance of law and order
It is a means of regulating official power towards the reinforcement of social welfare
It is now involved in the provision of social amenities
Social benefit is an indirect means of regulating the society
Aims at ensuring improvement in the welfare of the members of the society
Towards bringing about order and peace
Towards creating more conveniences for the people
Law as a means od social control, is not fixated on only maintaining law and order. Rather, it is a means of regulating official power towards the reinforcement of social welfare. Absence of social welfare could lead to social discontent and breakdown of law and order especially when the people are unable to meet their basic needs and expectations. As a result, conferment of social benefits helps to uplift the welfare of the society and thereby promote order and peace.