Henry Kwasi Prempeh, a Professor of Law at Seton Hall University Law School, has argued that law was made for man and not man-made for the law.
This follows the decision of the Supreme court to not allow Jean Mensa to mount the witness box for cross-examination. The public-spirited lawyer stressed that “Law is a problem-solving tool; a tool for solving social problems. It is but a means to an end, not an end in itself. Or, as the Scriptures render it, the Sabbath (law) was made for Man (society), not Man for the Sabbath. (Mark 2:27)”.
He noted in a writeup on social media that Laws were enacted for the purpose of shaping society hence not correct on the court to always rely on only precedents in their ruling. If all “the law and legal institutions can do is erect impenetrable walls in defense of the status quo, all in the name of precedents crafted in different contexts, then they will have failed to understand and appreciate the social purpose, role, and value of law”.
Bartering his why a fixation on precedent is inimical to society he stated “being doctrinaire about precedent has never advanced society or the law anywhere”.
He referred to such action as slavish, “the iconoclastic Lord Denning did not become the venerated legend in the common law that he is by insisting on a slavish adherence to precedent, come hell or high water! He concluded.
Filed By : Agaatorne Douglas Asaah / awakenewsroom.com