The Legal Edge

H.L.A. Hart’s Position (Legal Positivism) Hart, Professor of Jurisprudence at Oxford, delivered the 1957 Oliver Wendell Holmes lecture at Harvard. Advocated for analytical jurisprudence and legal positivism, separating law from morality. Argued that the validity of a legal system should be based on its formal criteria (systematic application of rules) rather than its moral content. Emphasized that law as it is (positive law) should be distinguished from law as it ought to be (moral considerations). Asserted that effective legal systems can exist even without moral merit. Lon Fuller’s Position (Natural Law) Fuller, Carter Professor of General Jurisprudence at Harvard, responded to Hart’s lecture, opposing legal positivism. Argued that law and morality are inherently connected and must work together. Introduced the concept of the “inner morality of law”, arguing that legal systems must adhere to certain moral principles to be valid. Identified eight essential principles for a legitimate ...

Developed in1950 by Director of Commission of Latin America ,Raul Prebisch The dependency theory states that;- "the less developed countries (LDCs) are dependent on the developed countries (DCs). This dependence is the main cause for the underdevelopment the former.   Dependence is a conditioning situation in which the economies of one group ountrie conditioned by the development and expansion of others. This means that while first; NPs at countries may advance through self-impulsion, dependent economies can only reflect the expansion of the dominant countries which may have positive or neomina effects on their immediate development. (Dos Santos, 1971).   According to dependency economists, the whole world is divided between two sets of countries: developed countries (DCs) and less developed countries (LDCs) The former is in the centre (Western Europe, Britain and the USA) and the latter are in the periphery (backward countries of Asia, Africa and Latin America.   Th...

Impact of Colonialism on African State : Did colonialism develop or underdevelopment ? Before European colonisation, Africa was a vibrant hub of economic activity, with thriving trade networks and sophisticated systems of finance. However, the arrival of Europeans and the "Scramble for Africa" dramatically altered this trajectory. Colonialism, driven by the pursuit of economic exploitation, disrupted existing African economies, forcibly extracting resources, suppressing local industries, and disrupting trade networks.  The Atlantic slave trade, while introducing some forms of exchange, primarily served European demands for labor, profoundly disrupting African societies. This disruptive impact is exemplified in Kenya, where British colonialism led to land dispossession, the suppression of resistance movements like the Mau Mau Uprising and the forced integration into the British economic system, with detrimental consequences for the Kenyan people. Developed Africa Infrast...

  African Jurisprudence is a distinct legal system that responds to the unique features of African culture. It does not conform to Western culture or the Western model of jurisprudence, either in content or methodology. This is because jurisprudence, in the African context, is inseparable from its cultural backdrop and serves as an integral part of the broader thought system.   African law is not a mere set of formal rules but is deeply intertwined with t he traditions, customs, and values of the communit y. The focus of African Jurisprudence is on the meaning, nature, characteristics, and functions of African law and culture. It is more than a legal system—it represents a comprehensive thought system that shapes how justice is perceived and administered in African societies. In traditional African societies, dispute resolution is often closely tied to traditional political authority. This authority is most visibly expressed in figures such as chiefs, traditional rulers, famil...

Principles of Fuller on inner morality of law Fuller’s eight principles, as a framework for a proper legal system, emphasize the necessity of clarity, consistency, and accessibility within the law. His principles reflect the importance of laws that are understandable, stable, and enforceable to ensure justice and accountability within society. Below is a polished version of Fuller’s eight principles, capturing both their content and significance:- General Rules of Conduct: There must be rules of conduct that are established and made known in advance. These rules should not be arbitrary commands but should be expressed in general terms to provide clarity. Importantly, these rules should not be retrospective, meaning individuals should not be punished or disadvantaged for actions that were not considered unlawful at the time they were committed. Publication of the Rules: It is essential that laws and rules be publicly accessible so that people know what is expected of them. The general p...

Understanding IP,    “If HP knew what HP knows, we would be three times as profitable." Lewis Platt Chairman,  Hewlett-Packard  Intellectual property, as defined by Chris Fitzsimmons and Tim Jones in Managing Intellectual Property,  offers a lot of different instruments that can be used to exploit new ideas that an individual or a company has created. Example: IBM uses their IP to generate their annual revenue from licensing TV, like Netflix, for the revenue of their originators. It came out as a result of the Uruguay Round, as businesses untested in developed countries demonstrated a profound prosperity in engaging in business, achieving a consensus in favour of IP protection and thus negotiating the TRIPS agreement. Patents: protection of innovations from being copied or repeated  Copyright: creative output whether words, music or media  Trademarks: -protection of signs that distinguish products and services  Design rights: external appearance o...