Answer to Question #174713 in Sociology for Kwame Hayford

Question

Question 3

a) Since the outbreak of coronavirus in Ghana, one of the main goals of the government is to curb the spread of the disease. Briefly discuss any three main characteristics of laws that can be enacted to shape citizens’ behaviors country wide in an attempt to stop the further surge of COVID-19 cases.

 

  b) On January 25, 2021 a high court in Accra dealt with three different cases: Case 1: Fordjour took Ahmed to court for non- payment of rent.

Case 2: GRA took Melcom to court for non-payment of taxes.

Case 3: Giz construction company Ltd took the ministry of road to court for non-payment of road project.

As a student of Law and Society, how can you categorize these cases and what do they entail?

c) Throughout history law has evolved. From hunting and primitive tribal societies with no parliament and no courts, law has become a mechanism of social change in contemporary society. Discuss any three theories that had so far shaped the evolution of law in the society.

Answer 1

a. Ghana government has emergency power act 1994( Act 472) which entitles the declaration of a state emergency to restrict movement of people and temporary suspension of exercise and enjoyment of some rights and also allows the bypass of some procedures that would delay the law-making process while maintaining law and order.

One of the measures Ghana can introduce to curb the spread of COVID -19 diseases includes quarantine and isolation of an infected person, suspension of any form of gatherings, lockdown, and shutting down borders to stop movement in and out of the country.

Those restriction laws should include characteristics such as a

1. Not including the expiry date when the restriction would be lifted since the end of a pandemic is unknown.

2. It should not mention or limited to COVID -19 so that it can be applied in the future in case of any similar disasters.

3. The law should be draconian and free of exceeding and violations of fundamental rights and freedoms.

b. Case categories

Case 1 - is categorized under land laws.

Case 2 is categorized under public law.

Case 3 is categorized under commercial or company law

All the above cases entail economic hardships.

c. Theories of the evolution of law.

1. Natural law theory - it's the earliest concept that studies the relations between nature and society. Natural their beliefs that there are laws that are not made by people but control all human beings globally. Moreover, natural laws are similar in places and time.

2. Positive theory or imperative theory is are laws that assume that rules are made and executed by the sovereign body of the government. Therefore the use of reasons, morality, or justices to determine the validity of the law is not necessary.

3. Marxist law theory this law beliefs that private property is fundamental for appearing in the presence of law and States. The Marxist law theory argues that the creation of social classes in society was caused by property ownership. However, individuals who possess the property can influence those who lack them by making laws that protect their personal property