Question
Below herein is a jurisprudential question in the course of Law 1) The president of African country overthrew an elected government a month ago. The
Below herein is a jurisprudential question in the course of Law
1) The president of African country overthrew an elected government a month ago. The new president has suspended the democratic government's constitution and has decided to rule by decrees and old testament laws. The new president declared that the legislation made by the previous parliament including the laws inherited from the colonial masters to be null and void. The new president has announced that in addition to the decrees the people shall be guided by their conscious and societal norms and any breach of the norm will lead to a severe form of punishment and in some cases, banishment. The new president has decreed that women should not participate in recreational activities as they promote irresponsible and immoral behaviours. Females can only appear in public while being accompanied by a male relative or husband. The new president has declared mosaic law to be supreme.
a) What are the issues involved?
b)what are the different school of Jurisprudence at play?
c)Scholars that the president might have read and influenced his legal/moral thinking?
d)Jurisprudential and non-jurisprudential principles involved?
2) i) What is the relevance of Historical School of Jurisprudence to legal studies in Kenya?
ii)Discuss the role of the above named School of Jurisprudence in preserving African Customary Law?
3) How realistic is Savigny's historical perspective to Law?
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