Tuesday 11 February 2014

legal methods


DEFINITION OF LEGAL METHOD
          Legal method is made up of two words: 'legal' and method. the word 'legal' according to the Marrian Webster's dictionary is something relating to law. It is also described as conforming to rules or law. “Law” is a set of rules enforced through a set of institutions. It shapes politics, economics and society in numerous ways. “Method”, on its part, is a systematic procedure, technique, or mode of inquiry employed by or proper to a particular discipline of legal method. It can also be defined as the study of the basic principles, nature, sources, rule of law and the technique of how law can be effectively applied for the benefit of the individual and the society in general. Legal method is the understanding and the use of professional procedure and techniques in interpreting case law, status etc. It can also be defined as the study of the way law operates in the society and how lawyer, judges and legislatures think and do thing according to the law so as to achieve it objectives in the society.
NATURE OF LEGAL METHOD
          A fresh undergraduate law student must first understand that legal method does not concern itself with principles, doctrines and rules comprising a jurisdiction's substantive law in a field. Rather, it does concern itself with the mythology employed, principally by courts to create, elaborate and apply that substance. In this sense, you could think of a mechanic and his tools in constructing a machine. The completed product can be likened to the rule and its components are legal vocabulary, concepts, definitions and principles. Thus, the workers tools and knowledge of their use are analogous to method. The tools can be used to construct or dismantle, to add on or downsize. According to Simon lee and Larry Fox, the course or study of legal method can be used as the basis of a first year course or an intensive introductory course in the first year to develop skills throughout a five year course. Legal methods is an introduction to both the nature of the English legal system and its sources and the techniques which lawyers use when handling these sources. Studying legal method should be exciting, challenging and rigorous. To fresh students however, it has the reputation of being boring and mechanical.
Legal methods is offered by first year students of law in the hope that it will introduce them to the idea of law which may appear strange to them. Legal method is not a course that can be easily crammed or memorized and it should not be crammed i.e. memorized but to be understood. If not, it will weaken the foundation of the student’s legal education.
          The study of law may be related to the study of a foreign language because it proceeds in an orderly fashion. Students are not just introduced to the study of law straight away. They, who are just coming in to the university to study law are not just introduced to specific laws like law of torts, company law, law of evidence etc. but are to take the course of legal methods which revolves around the study of basic principles, nature, sources, role of law and the methods of law can be effectively applied for better understanding of the subject matter and this can be compared to the study of foreign language in the sense that for one to learn and understand, one has to start from the scratch of the rudiments. for instance, in the case of English language, one starts learning from the alphabets and then proceeds to learning of two to three letter words and to vocabularies and then master the language to the extent of expressing oneself in that language and such is the same with the study of law by learning in an orderly fashion from the study of legal vocabularies, concepts, definitions, principles, cases, statutes and from secondary materials to primary materials. The study of legal method provides the basis for the study of law and this marks its comparison with the study of a foreign language.
IMPORTANCE OF LEGAL METHODS
The importance of the study of legal method cannot be overemphasized and importance of this course will be discussed here.
          The main importance of the course is to provide a ground work on the fundamental concept of law. The course is aimed both at students with no previous knowledge of law and those with minimal knowledge of law. The intention is that at the end of the course, student will have the necessary conceptual tool to deal with the law modules they will be exposed to in their future engagement with the study of law.
         The course is also to help students understand the logic of law which is captured in one of McLeod's introductory lines “legal methods when properly understood is a creative process which provides a fascinating study in reasoning and using language in order to achieve practical results”. And this is the reason why the study of legal method should continue.
          Legal methods is a course, which among other things exposes students to the nature, language, technique and dynamics of law in the early stage of their academic life in order to lay a solid foundation for the proper understanding and application of the various substantive principle and rules which they will come across as they advance in the studies.
          On the study of legal methods Prof Peter Strauss from the Colombia law school in his book, legal method: understanding cases and statutes (2nd ed.) opines that legal method education start with the orientation to the material lawyer use and the institution they deal with. Prof Strauss said that along the study of legal methods, the skills, beginning with the use of cases, statutes and secondary material in their decision are developed. Along the line, students encounter not only the appellate opinions typical of law school teaching materials but lawyers’ arguments and briefs, considerable stretches of legislative history materials, a good deal of secondary literature-largely excerpts bearing on the continuing controversies over statutory interpretation .
          Legal methods provide a lively introduction to both the nature of the English legal system and its sources and the techniques which lawyers use when handling those sources. It is in this that has made the course popular for clear introduction to the subject of law.
          With the study of legal methods, ideas revolving around the creation of application are espoused. The processes of making court application for hearing are learned in the study of legal method, although it may not go deep into it but it gives knowledge of it.
          Legal methods as an introductory course for students who are starting a law programme will enable students appreciate the origin of law, the various law theories or schools of thought, the functions of law within the society and how to reason, write and make decisions in line with the law.
          The study of legal method lays a foundation upon which other law subjects are built. With the study of legal method, one is exposed to other law subject like trust and equity, jurisprudence etc.
          The study of this course enables one to distinguish the method of social control through the law. It is in the study of legal method that one knows or become aware that to have a political organized society, there must be a definitely be some forms of prescribed legal system and social order.
          The law is diverse but has territorial limitations. Thus the law of different countries around the world differ from one another and are limited to the country that operates that that particular law. For example, the diversity of law can be seen in the case of Nigeria and America. Nigerian law is against abortion and homosexuality but the American law recognizes them and accept them as a way of life. Equally, the northern part of Nigeria operates the Penal Code while the Criminal Code  applies in the southern part. Without the study of legal method in the university, the student will not be aware of this as it is in the course of studying legal method that he gets to be aware of these differences and diversities.
CONCLUSION
          In conclusion, there have been attempts to produce a universally acceptable definition of law. Glanville Williams said the meaning of the word depends on the context in which it is used. He had posited that, early customary law and municipal law were contexts where the word law was used with two different and irreconcilable meanings.
We conclude by stating that legal method is the understanding and use of professional procedure and techniques in interpreting case law, statutes. It should be known that legal method as a course is adopted by universities throughout the world and not only in Nigeria. With this in mind therefore, students should not be discouraged or even attempt to memorize but to understand this course so as to lay a proper foundation for their legal career. Legal methods provide a lively introduction to both the nature of the English legal system and it sources and the techniques which lawyer use when handling those sources. Thus, legal method must be a popular course to those who want a clear introduction into the study of law.


REFERENCES
Introduction to Nigerian legal method by Abiola Saani
The Merrian Webster dictionary
Wikipedia, the free encyclopedia
Legal pedia.com
The conglomerate website
Learning legal skills by Simon Lee and Larry Fox
Legal methods understanding and using cases and statutes (2nd ed)

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