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    This document provides an introduction to a lecture on legal systems and methods. It begins with a copyright statement, noting that the lecture materials are protected and cannot be reproduced or distributed without permission. The document then outlines topics to be covered in the lecture, including definitions of key terms like "legal" and "systems"; what law is and why rules are obeyed; the binding nature of rules and their enforcement; the sources of law in Kenya like the constitution, statutes, international law and precedents; and an overview of constitutional law topics such as the purpose and interpretation of constitutions.

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    This document provides an introduction to a lecture on legal systems and methods. It begins with a copyright statement, noting that the lecture materials are protected and cannot be reproduced or distributed without permission. The document then outlines topics to be covered in the lecture, including definitions of key terms like "legal" and "systems"; what law is and why rules are obeyed; the binding nature of rules and their enforcement; the sources of law in Kenya like the constitution, statutes, international law and precedents; and an overview of constitutional law topics such as the purpose and interpretation of constitutions.

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    © All Rights Reserved
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    2 views2 pages

    Introduction

    Uploaded by

    wamalwavictor12
    This document provides an introduction to a lecture on legal systems and methods. It begins with a copyright statement, noting that the lecture materials are protected and cannot be reproduced or distributed without permission. The document then outlines topics to be covered in the lecture, including definitions of key terms like "legal" and "systems"; what law is and why rules are obeyed; the binding nature of rules and their enforcement; the sources of law in Kenya like the constitution, statutes, international law and precedents; and an overview of constitutional law topics such as the purpose and interpretation of constitutions.

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    © All Rights Reserved
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    Draft Materials for Lecture 1: Introduction to Legal Systems and Methods

    My lectures and course materials, including presentations, tests, outlines, and similar
    materials, are protected by copyright law. I am the exclusive owner of the copyright
    in those materials I create. You may not reproduce, distribute or display the lecture notes
    or recordings or course materials in any other way — whether or not a fee is charged —
    without my express written consent. You also may not allow others to do so.
    ©J Ayamunda 2020

    The Nature and Meaning of Law

    NB: Read to understand do not cram and reproduce; Engage in active learning; express your
    ideas clearly and accurately. Engage in the argument ie bring your own independent critical
    thought to bear on the issues at hand.
    Definition of operational terms:
    - Legal
    - Systems
    - Methods
    What is law?

    - Rules

    - Why obey rules

    - Legal Validity (source v merit)

    - The binding nature of rules (hint: standards which are binding socially, politically, legally

    etc.)

    - Enforcement of rules

    - Legal rules v non-legal rules

    - Legal rules – recognized and enforced by courts. Their validity largely depends on their
    sources rather than their merits
    - Non legal rules – no force of law; its authority is conditioned on its acceptance i.e. its
    validity is dependent on the merits of the rule
    NB: legal positivism (ie every law has a source) v legal antipositivism.
     Sources of the law of Kenya
     Where to find the law
     How to find the law
     What to do with the law (once you find it)
     What ‘thinking like a lawyer’ involves in an academic context
    Constitution Art2, Judicature Act S3: re list of sources
    a) The Constitution
    b) Other statutes
    c) The general rules of international law
    d) treaties and/or conventions ratified by Kenya
    e) Equity
    f) Common law
    g) African customary law
    h) Judicial precedent

    NB: Hierarchy of the sources


     Constitution
     What is it? An assemblage of rules etc. that do three things:
     Create organs of the State
     Regulate the relationship between the organs
     Regulate the relationship between the organs and citizens e.g. re
    fundamental freedoms, rightss etc.
    Supremacy Art 2
    Law in broad brush strokes
    Written and unwritten constitutions
    Clarity/ uncertainty e.g. Art 261 (9) [Art 261 clause 9]; reasonableness …
    Rigidity/flexibility
    Art 259 re interpretation e.g. purpose, progressive dev.

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