Author: Dr Navin C Naidu

Human and humane rights

To deny people their human rights is to challenge their very humanity. – Nelson Mandela, South African President Our rights and privileges are not derived from written constitutions or laws but through the expression and principal purpose of human dignity. Respect for human dignity, Ronald Dworkin (1931-2003), the American constitutional

The language of the law

The strictest law sometimes becomes the severest injustice. —  Benjamin Franklin, American Founding Father The complicated case bias is a festering wound in the practice of law as is the solution bias. Charles Dickens believed that the great principle of English law is to make business for itself. All said,

Land Law and Legislative Legerdemain

Throughout the history of English land law the operative concept has been possession, not ownership. —  K. Gray & S. Gray, British law professors There is no law of “ownership” of land in England and Wales, only a law of “possession”. Two totally different imported concepts that have aided the coloniser

Lingering legacy of language

Language is the blood of the soul into which thoughts run and out of which they grow. —  Justice Oliver W Holmes, Jr., US Supreme Court Language is indeed the dress of thought for it to be the impetus of social cohesion. Inspiration, encouragement, discouragement and desperation are sourced from

The education dilemma

It’s easier to build strong children than to repair broken men. —  Frederick Douglass, American activist It is no secret that government has taken control of the content of education from primary to the tertiary levels. It is said, and believed, by awakened souls that governments prepare the young for

Dispensing Justice in a Mad World

 Smart laws don’t assure justice any more than a good recipe guarantees a delicious meal. – Preet Bharara, Former US Attorney ——————- A peek into ancient law evidences the Hammurabi Code and Mosaic Law demanding an eye for an eye and a tooth for a tooth, a hand for a

Human rights for sale

‘Freedom from fear’ could be said to sum up the whole philosophy of human rights. —  Dag Hammarskjold, second UN Secretary General America, like most advanced democracies, represents the ugly, uncivilised, uncouth and unabashed buying and selling of fundamental human rights despite the 13th, 14th and 15th Amendments to the

The minefield of justice

Government prevents injustice, other than such as it commits itself. —  Ibn Khaldun, Tunisian political thinker Once upon a justice, Greek historian Herodotus recorded the macabre end of Sisamnes, a corrupt judge under Cambyses II of Persia. He accepted a bribe and delivered an unjust verdict. As a result, the

Justice wears a crumpled suit

Justice? You get justice in the next world; in this world you have the law. —– William T. Gaddis, Jr., American novelist You pay a down payment for a piece of property. A few weeks later, an ugly hidden truth surfaces and you decide to rescind the agreement. The seller

Law and justice — Decree Nisi?

Never mistake law for justice. Justice is an in ideal, and law is a tool. — L E Modesitt Jr., American author LAW is the handmaid of justice declared a legal scholar hoping to strike big in commerce. He probably did as thousands of law students, law practitioners and law