Legal Aspects in Social Development Notes

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These are the lecture notes of Legal Aspects in Social Development, a unit taught at module one of Diploma in Community Development.

1. INTRODUCTION TO LAW
What Is Law?
Law is ?a body of rules of action or conduct prescribed by controlling authority, and having
binding legal force. That which must be obeyed and followed by citizens subject to sanctions or
legal consequence is a law.
Sociological Definition of Law
Law is defined as ?essentially and exclusively as a social fact.?
The form of the guarantee of conditions of life of society, assured by State‘s power of constraint.?
This definition has three important parts. One, the law is a means of social control. Two, the law
is to serve the purposes of the society. Three, law due to its nature, is coercive.
Law is predominantly a tool of social engineering.
Where conflicting pulls of political philosophy, economic interests, and ethical values constantly
struggled for recognition.
Against a background of history, tradition and legal technique. Social wants are satisfied by law
acting which is acting as a social institution.
Why we need laws/purpose of law
Laws are rules made by government that forbid certain actions and are enforced by the courts.
Laws apply to everyone equally. If you break a law, you may have to pay a fine, pay for the
damage you have done, or go to jail.
Our laws also recognize and protect basic individual rights and freedoms, such as liberty and
equality.
Even in a well-ordered society, people disagree, and conflicts arise. The law provides a way to
resolve disputes peacefully. If two people claim the same piece of property, rather than fight they
turn to the law. The courts can decide who the real owner is and how to protect the owner's
rights.
Laws help to ensure a safe and peaceful society. The Kenyan legal system respects individual
rights and ensures that our society is orderly. It applies the same law to everybody. This includes
the police, governments and public officials. All of them must carry out their duties according to
the law.
In a society such as Kenya,the law informs everyday life in a wide variety of ways and is
reflected in numerous branches of law. For example, contract law regulates agreements to
exchange goods, services, or anything else of value, so it includes everything from buying a bus
ticket to trading options on a derivatives market.
Property law defines people‘s rights and duties toward tangible property, including real estate
(i.e., real property, such as land or buildings,) and their other possessions (i.e., personal property,
such as clothes, books, vehicles, and so forth), and intangible property, such as bank accounts
and shares of stock. Tort law provides for compensation when someone or their property is
harmed, whether in an automobile accident or by defamation of character.
Those are fields of civil law, which deals with disputes between individuals. Offenses against a
federal, state, or local community itself are the subject of criminal law, which provides for the
government to punish the offender.
The law serves many purposes. Four principal ones are establishing standards, maintaining order,
resolving disputes, and protecting liberties and rights.
Establishing Standards
The law is a guidepost for minimally acceptable behavior in society. Some activities, for
instance, are crimes because society (through a legislative body) has determined that it will not
tolerate certain behaviors that injure or damage persons or their property.
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