Answer to Question #174277 in Sociology for Kwame Hay

Question

Question 1

a) Prerogative writs are public law remedies and not private law remedies and so lie only against public companies and will not lie against private ones. Discuss to some details three of such writs within the Ghanaian context of law. EV(10 Marks)

b) Law plays important roles in every society around the world. Clearly examine any three significant roles of law in society.

AN(10 Marks)

c) According to Emile Durkheim, Law is a measure of the type of solidarity in society. With illustrations, distinguish between the types of law he stipulated in his attempt to justify his statement.

Answer 1

1. The prohibition- directs a subsidiary to sojourn doing something the law forbids. 

2. The procedendo- is to send a case from an appellate court to a subordinate court with an order to continue to judgment.

3. The quo warranto- It requires an individual to show by what ability they apply power.

 

Three of the important functions of law in society are:

1. Social control-It defines rights, duties as well as punishments for their violation. 
2. Dispute resolution- it is designed to contain and control conflicts among people. 
3. Social change- it affects behavior and promotes social change namely by the use of sanctions. 

 

Durkheim argues that there are two kinds of social solidarity namely how society holds together and what ties the person to the society is based on the division of labor. Durkheim contends that the division of labor itself creates organic solidarity due to the mutual needs of people in contemporary society. Thus, people for the utmost part interact in accord with their duties to others and society at large. In doing so, each person also obtains some recognition based on contributions and rights within the collectivity. Therefore, social morality is required for solidarity between individuals to occur, since minus morality societies cannot exist.