LAW AS A TOOL FOR SOCIAL CONTROL: TOWARDS A PHILOSOPHY OF LAW FOR CONTEMPORARY AFRICA

Abstract

This paper is a critical examination of the place of law in the human society and the need for a philosophical jurisprudence for contemporary Africa. The paper takes a critical look at some misconceptions of law after which it adopts the position that law is essentially a tool for social control and the promotion of the common good of the society. Thus, it contends that the fundamental role of law in the human society is to guide human conduct towards the equitable protection of the inherent dignity and inalienable rights of every human being; and that law ensures social order and stability, guarantees justice, and promotes human wellbeing. In view of this, the paper maintains that for any human society to experience sustainable progress there must be a strict adherence to the rule of law. In this connection, the paper argues that the development crisis and social instability in most African countries is traceable to the constant abuse of the rule of law by the ruling class and the seeming helplessness of the Western judicial system adopted by African countries to address this problem. Trailing this anomaly, the paper submits with a call for an alternative philosophy of law for contemporary Africa. The paper adopts the analytic and prescriptive methods of philosophy.