Jurisprudence
UNIVERSITY OF NAIROBI
SCHOOL OF LAW
GROUP 7B ASSINGMENT
COURSE CODE: GPR114
COURSE TITLE: SOCIAL FOUNDATION OF LAW
COURSE INSTRUCTORS; NANCY BARAZA/KARIUKI MUIGUA
YEAR OF STUDY: FIRST YEAR (2013/2014)
ACADEMIC SEMESTER: FIRST SEMESTER
GROUP MEMBERS
NO
NAME
REG NO.
3
AMY OCHIEL
G34/31038/2014
4
DONALD ESINYEN LOCHOK
G34/30261/2014
5
CAROLINE CHEBET ROTICH
G34/31020/2014
QUESTION
“...Law is derived from social facts and depends not on state authority but on social compulsion. Law differs little from other forms of social compulsion, and the state is merely one among many associations, though it possesses certain characteristic means of compulsion. The real source of law is not statutes or reported cases but the activities of society itself....” M.D.A Freeman, Lloyd’s Introduction to Jurisprudence (7th Ed.), page 670.
Bearing the above extract in mind, discuss the origin of law as conceived by proponents of sociological school of thought.
INTRODUCTION
Sociology is the study of human interaction and the rules that govern them in the society.
Jurisprudence is the study and theory of law and it concerns;
The nature of law
The purposes of law and the means used to ensure effectiveness.
The limits in the efficiency of law.
Relation of law to justice and morality, and
Evolution and changes of law over time.1
Sociological school of Jurisprudence thus concerns the study of law with regards to the society; it’s past, present and expected future actions.
The sociological questions in jurisprudence are concerned with the actual effects of the law upon; attitudes, behavior, organization, environment, skills and powers.
This school of thought asserts that;
Law is one of the norms of social control and is thus not unique.
The society’s tendency to always evolve makes it difficult to solve current problems with existing laws, and thus the importance of law to change as society changes.
Law is not, and shouldn’t be static; it is
SCHOOL OF LAW
GROUP 7B ASSINGMENT
COURSE CODE: GPR114
COURSE TITLE: SOCIAL FOUNDATION OF LAW
COURSE INSTRUCTORS; NANCY BARAZA/KARIUKI MUIGUA
YEAR OF STUDY: FIRST YEAR (2013/2014)
ACADEMIC SEMESTER: FIRST SEMESTER
GROUP MEMBERS
NO
NAME
REG NO.
3
AMY OCHIEL
G34/31038/2014
4
DONALD ESINYEN LOCHOK
G34/30261/2014
5
CAROLINE CHEBET ROTICH
G34/31020/2014
QUESTION
“...Law is derived from social facts and depends not on state authority but on social compulsion. Law differs little from other forms of social compulsion, and the state is merely one among many associations, though it possesses certain characteristic means of compulsion. The real source of law is not statutes or reported cases but the activities of society itself....” M.D.A Freeman, Lloyd’s Introduction to Jurisprudence (7th Ed.), page 670.
Bearing the above extract in mind, discuss the origin of law as conceived by proponents of sociological school of thought.
INTRODUCTION
Sociology is the study of human interaction and the rules that govern them in the society.
Jurisprudence is the study and theory of law and it concerns;
The nature of law
The purposes of law and the means used to ensure effectiveness.
The limits in the efficiency of law.
Relation of law to justice and morality, and
Evolution and changes of law over time.1
Sociological school of Jurisprudence thus concerns the study of law with regards to the society; it’s past, present and expected future actions.
The sociological questions in jurisprudence are concerned with the actual effects of the law upon; attitudes, behavior, organization, environment, skills and powers.
This school of thought asserts that;
Law is one of the norms of social control and is thus not unique.
The society’s tendency to always evolve makes it difficult to solve current problems with existing laws, and thus the importance of law to change as society changes.
Law is not, and shouldn’t be static; it is