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Issue 00512 |
April 5-11, 2008 |
issn 0856 - 9135 |
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Talking Business |
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Why knowledge of the law is quite essential for our
survival By Vincent Obiro Orute It is said of the Emperor Caligula that he used to write his laws in very small characters and post them on the top of the highest pillar in Rome, ' the more effectively to ensnare the people'. In a different way, it seems that we are heading for a somewhat similar state of affairs. It is not just the sheer volume and complexity of new laws passed by our parliaments, or the subtle nuances of judicial decisions, which add to our daily burdens – though admittedly these do not exactly help. Nor does the incomprehensible jargon of legal terminology make life any easier for most of us. Basically, the problem is largely of communication. The non-specialist non-lawyer is left in a state of utter ignorance about the mass of legal rules and, without knowledge; there can be no understanding of the basic aspects of the law. The maxim that' ignorance of the law is no excuse' is one of the silliest utterances ever made. Its validity presupposes the existence of several important conditions, among which are: First , that there is a limit to the sheer quantity of legal rules which are capable of being known; Second, that ordinary people can readily understand those laws which do exist; Third , that there is no room for variation of legal rules by the techniques of judicial interpretation; Fourth , that everybody has his own 'tame' lawyer who can advise him or her of the legal consequences of their actions. In our present societal set- up, none of these factors exist. The result is that the overwhelming majority of the population are totally uninformed about provisions of the law which affect their vital interests. It is not true that there are various organizations which assist in preventing this ignorance. Newspapers and journals provide articles and features, specialist organizations and societies give advice and help to their members, and so forth. But such a service is not comprehensive and, however valuable it may be, it only 'skims' the surface of the problem. The remedy seems to be either fewer legal provisions, or great publicity and education. The former situation is unlikely to come about. Each year, the annual output from our parliaments increase; each year, more and more judges give an increasing number of judicial decisions, which have to be analysed, digested, compared with and distinguished from previous decisions. Law as it is now is becoming so complex that even some of our best lawyers are having difficulty in coping with problems that arise. Not many lawyers could explain with complete confidence some of the more abstruse provisions of the Land Commission Act or the Leasehold Reform Act, to name but two recent pieces of legislation. Clearly, greater publicity and education is the only effective way of drawing the attention of the general public to legislative provisions and judicial decisions. A more radical solution needs to be established and put in place to enable people to understand some basic aspects of the law. For instance, legal centres should be established throughout the country so that people may seek legal advice freely. Staffed by full- time competent lawyers, they would be able to deal with queries and legal problems, as well as help to publicise legal rules generally. One can visualise the local Legal Centres operating on lines similar to local Health Clinics, and performing a function no less valuable. Vincent Obiro Orute is director of operations, Volunteer Network Africa, a global volunteer organization committed to social and economic change across the globe, Website: http://www.volunteernetworkafrica.org Webmail: volunteernetworkafrica.org Email:Vincent@volunteernetworkafrica.org or orutev@yahoo.com
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