Law is dynamic. The term according to the dictionary defines a process that is characterized
by constant change, activity or progress. Therefore this paper looks to discuss how law is not
constant and will always change with regard to the needs of people being governed.it will
discuss the contemporary issues as well as link it to various schools of thought that support
this idea.
In the sociological school of thought as propounded by Roscoe Pound is that law stems from
the society therefore when the needs of a society change then there needs to be a law that can
regulate the changes*. For example contextualizing it to Kenya, the legislature has had to
grapple with the enactment of a cyber-security law as crimes have stopped being traditional
and are now online*. So therefore how do you deal with issues of hackers and big data
companies that use information to supply to advertising and marketing companies?
Secondly, there is the issue of international humanitarian law where previously they only had
to deal with armed warfare whereas now there are more issues cropping up. For example
issues of cyber warfare and veiled criminals who indirectly participate in the conflicts.
Therefore we are moving from the previous position of direct participants in hostilities such
as the man on the ground holding the weapon. With regard to the veiled criminals, the
international community is grappling with the fact that there are corporates who aid in the
warfare and how can they be prosecuted, is it individually or prosecute the company by
denying it means to function such as denial of licenses?
Thirdly, in the African traditional philosophy women were not allowed to own property or
even inherit it because they were expected to be married off. The same outlook was seen
when it came to matrimonial property cases where women would be the biggest losers if they
opted to divorce or were divorced. But as the society kept changing, women are now allowed
to have an equal oppoerunity to own and inherit property. Though this is still a work in
progress as communities are still not receptive of the wave of women in corporate spaces
who control assets and finances. In addition to that the law as it is now recognises both
financial and non financial contribution. Therefore the women in the domestic spaces have
also been catered for.
In conclusion, the law is dynamic and will always be characterized with changes depending
on the needs that arise in the society. Contemporary issues such as security for digital citizens
is a matter that the law has to delve in. the changes that have occurred in terms of the western
impact on traditional philosophies also have to considered.
This study source was downloaded by 100000856941565 from CourseHero.com on 11-23-2022 04:39:33 GMT -06:00
https://www.coursehero.com/file/34258637/Law-is-dynamic-correctiondocx/
by constant change, activity or progress. Therefore this paper looks to discuss how law is not
constant and will always change with regard to the needs of people being governed.it will
discuss the contemporary issues as well as link it to various schools of thought that support
this idea.
In the sociological school of thought as propounded by Roscoe Pound is that law stems from
the society therefore when the needs of a society change then there needs to be a law that can
regulate the changes*. For example contextualizing it to Kenya, the legislature has had to
grapple with the enactment of a cyber-security law as crimes have stopped being traditional
and are now online*. So therefore how do you deal with issues of hackers and big data
companies that use information to supply to advertising and marketing companies?
Secondly, there is the issue of international humanitarian law where previously they only had
to deal with armed warfare whereas now there are more issues cropping up. For example
issues of cyber warfare and veiled criminals who indirectly participate in the conflicts.
Therefore we are moving from the previous position of direct participants in hostilities such
as the man on the ground holding the weapon. With regard to the veiled criminals, the
international community is grappling with the fact that there are corporates who aid in the
warfare and how can they be prosecuted, is it individually or prosecute the company by
denying it means to function such as denial of licenses?
Thirdly, in the African traditional philosophy women were not allowed to own property or
even inherit it because they were expected to be married off. The same outlook was seen
when it came to matrimonial property cases where women would be the biggest losers if they
opted to divorce or were divorced. But as the society kept changing, women are now allowed
to have an equal oppoerunity to own and inherit property. Though this is still a work in
progress as communities are still not receptive of the wave of women in corporate spaces
who control assets and finances. In addition to that the law as it is now recognises both
financial and non financial contribution. Therefore the women in the domestic spaces have
also been catered for.
In conclusion, the law is dynamic and will always be characterized with changes depending
on the needs that arise in the society. Contemporary issues such as security for digital citizens
is a matter that the law has to delve in. the changes that have occurred in terms of the western
impact on traditional philosophies also have to considered.
This study source was downloaded by 100000856941565 from CourseHero.com on 11-23-2022 04:39:33 GMT -06:00
https://www.coursehero.com/file/34258637/Law-is-dynamic-correctiondocx/
