The pedigree thesis asserts that authorized validity is a function of certain social facts. Borrowing closely from Jeremy Bentham, John Austin argues that the principal distinguishing function of a authorized system is the presence of a sovereign who’s habitually obeyed by most individuals within the society, however not in the behavior of obeying any determinate human superior (Austin 1995, p. 166).
Ghana, after independence, did not get rid of the frequent legislation system inherited from the British, and right now it has been enshrined in the 1992 Constitution of the country. Chapter four of Ghana’s Constitution, entitled “The Laws of Ghana”, has in Article eleven the listing of legal guidelines applicable within the state.
As residents, we are typically most acquainted with state and native laws, since these are the legal guidelines we encounter most in our day by day lives. These laws shield us in opposition to crimes like homicide, robbery, rape, and assault. They also insure that we don’t drive too quick, that we mow our lawns and hold our canine on leashes. In the United States, we also have a national authorities which makes laws.
Malaysia, Brunei, Singapore and Hong Kong also adopted the widespread regulation. The eastern Asia legal custom displays a unique blend of secular and religious influences. Japan was the primary country to start modernising its legal system alongside western strains, by importing parts of the French, but mostly the German Civil Code. This partly reflected Germany’s standing as a rising power in the … Read More