"The Law is an ever-evolving living apparatus governing the affairs of mankind’s orderly existence. Its supremacy over human conduct cannot be denied without inviting chaos and anarchy."
~ Fame Agidife_TheLegalLens (The Law)
"From the Stable of Legal Jurisprudence"
"The Law is a living proof of mankind’s existence; therefore, it must stand absolute over liberty and power for man’s own orderly existence."
~ Fame Agidife_TheLegalLens (The Man & The Law)
Fundamental Concept of “The Law”
“The Law” refers to the system of rules, norms, and principles that regulate human conduct, maintain social order, resolve disputes, and safeguard rights within a society or state. It is not static nor singular, but a dynamic framework continually shaped by history, morality, culture, and governance.
Key Jurisprudential Perspectives
Positive Law (Legal Positivism)
Views law as rules enacted by human authority—legislatures, courts, or sovereigns—enforced through sanctions.
John Austin defined law as “commands of the sovereign backed by threats of punishment.”
Validity depends not on morality but on proper enactment.
Holds that law derives from inherent moral or divine truths discoverable by reason.
Thomas Aquinas argued: true law must align with justice; laws that degrade human dignity are not genuine law.
Modern Influence: International human rights declarations affirming universal liberty and equality.
A principle ensuring no one is above the law—not even governments.
A.V. Dicey emphasized three pillars:
3. Protection of individual rights through courts
It guarantees fairness, prevents tyranny, and sustains constitutional democracies.
Common Law (e.g., UK, US, Nigeria): Evolves through judicial precedents (stare decisis). Judges play a central role.
Civil Law (e.g., France, Japan): Based on codified statutes, less reliant on judicial interpretation.
Both systems pursue consistency and adaptability—by different methods.
Underlying Principles of The Law
Equity: Flexibility to temper rigidity when strict application causes injustice.
Legality: Laws must be clear, public, prospective (not retroactive), and consistent.
Proportionality: Sanctions and restrictions must correspond to offenses or societal needs.
Sovereignty & Consent: Legitimacy stems either from the governed’s consent (democracy) or sovereign authority.
Conclusion
The Law, in principle, is a tool of societal harmony—balancing liberty with responsibility, and individual rights with collective order. It evolves through interpretation, reform, and social change.
Principles like due process (fair procedure), enshrined in documents such as the 14th Amendment of the U.S. Constitution, embody this enduring adaptability.
Interpretations may vary:
Branches: International, constitutional, criminal law
Religious or cultural: Torah in Judaism, Sharia in Islam
Yet, at its core, The Law remains humanity’s most enduring framework for justice, order, and coexistence.
📖 Presented by Fame Agidife
@Fame Agidife Leadership Lectures
Read more ➝ fameagidife.blogspot.com
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