Meaning, nature, functions and sources of Law in Tanzania

Law has been a central topic in legal science for centuries, with various scholars offering differing definitions and perspectives.

While no single definition fully encompasses the concept of law, the following viewpoints highlight its key aspects:

1. John Austin’s Definition
   • Austin defines law as “a body of commands issued by a sovereign authority and enforced by sanctions.”
   • Criticism: This definition has been criticized for limiting law to commands, which apply primarily to penal laws and not to other forms like customary or civil law. For example, Tanzanian customary laws governing inheritance do not strictly rely on commands or sanctions.
2. Holland’s Perspective
   • Holland describes law as “rules of human action set by a determinate human authority.”
   • This view emphasizes the role of an authority in establishing legal rules, applicable to Tanzanian statutes enacted by Parliament.
3. Thomas Aquinas’ View
   • Aquinas defines law as “a rational order for the common good, enacted by legitimate power.”
   • This definition integrates moral and philosophical elements, suggesting that laws should serve the collective well-being of society. For instance, Tanzanian laws promoting environmental protection align with this principle.
4. General Definition of Law
   • Law is a framework of principles governing what individuals in society can or cannot do. It serves as a guideline for maintaining order and harmony in a politically organized community.
   • Example: Tanzanian land laws, such as the Land Act and the Village Land Act, regulate the use and ownership of land to prevent conflicts and promote equitable resource distribution.
5. Broader Perspective
   • In a broader sense, law can be seen as:
     • Legal Order: The overall system of rules governing a society.
     • Body of Legal Precepts: Agreements or principles that determine relationships among individuals within a politically organized society.
   • Example: The Constitution of Tanzania embodies a legal order that defines the relationship between the state and its citizens.
6. Philosophical Insight
   • Law reflects a system of principles discovered through reason, expressing how humans ought to conduct themselves in alignment with the nature of things.
   • Example: Tanzanian customary laws often reflect societal values and traditions that have evolved over generations to ensure social cohesion.

Nature of Law

The nature of law is defined by its binding and normative character, which distinguishes it from other societal rules. The nature of law is characterized by its normative force and its role in regulating human behavior within a society. Unlike moral or social standards, law possesses distinct features that set it apart as an obligatory system of rules.

Normativity of Law

• Definition: Law is normative, meaning it establishes standards that individuals are obliged to follow, not out of personal choice but as a requirement.
• Distinction from Morality:
  • Moral Standards: Serve as recommendations and depend on individual conviction or societal values.
  • Legal Standards: Binding and obligatory, with non-compliance often attracting sanctions.

Compliance with the Law

• Compliance with the law may stem from:
  1. Internal Convictions: Personal or societal beliefs prompting adherence to laws.
  2. Fear of Sanctions: Awareness of consequences for non-compliance, such as fines or imprisonment.
  • Example: In Tanzania, failing to pay taxes as required by the Income Tax Act can lead to legal penalties, including fines and imprisonment.

Sanctions in Law

• Legal Sanctions: Formal consequences like fines, imprisonment, or other penalties enforced by the state.
• Customary Sanctions: Traditional consequences recognized within specific communities, although not always incorporated into the state legal system.
  • Example: Among the Sukuma people in Tanzania’s Lake Zone, the practice of Kutulija involves declaring a disobedient individual an outcast. While this is effective within the community, it is not a part of Tanzania’s formal legal system.

Key Features of Law

1. Obligatory Nature: Law imposes duties rather than offering choices.
2. Sanctions: Law ensures compliance through enforceable penalties.
3. Universal Application: This applies to all individuals within the jurisdiction.
4. Dynamic Character: Adapts to societal changes to remain relevant.

Law and Morality

Law and morality are distinct yet interconnected systems that govern human behavior and regulate social interactions.

While both aim to create order and harmony within society, they do so from different perspectives and with varying mechanisms of enforcement.

Distinction Between Law and Morality

1. Nature of Regulation
   • Law: Regulates physical and tangible actions within society, often focusing on maintaining public order and protecting rights.
   • Morality: Deals with abstract and intangible aspects of human behavior, emphasizing what is right or wrong based on conscience or societal values.
2. Enforcement Mechanism
   • Law: Enforced externally through a determinate machinery, such as courts and legal sanctions (e.g., fines, imprisonment).
   • Morality: Sanctioned by the community or individual conscience without formal enforcement mechanisms.
     • Example: A person violating moral norms may face societal disapproval, but no legal penalty.
3. Source of Compliance
   • Law: Compliance is often motivated by fear of legal sanctions.
     • Example: In Tanzania, non-compliance with tax laws can lead to legal penalties, including fines or imprisonment.
   • Morality: Compliance arises from internal conviction or appeal to supernatural beliefs.
     • Example: In many Tanzanian communities, honesty is a moral obligation influenced by cultural or religious values.
4. Scope and Universality
   • Law: Universally applicable within a jurisdiction and formalized through legislation or recognized systems.
   • Morality: Varies among societies, shaped by cultural, religious, and historical factors.

The intersection of Law and Morality

While law and morality are distinct, they often intersect, especially when legal rules embody moral principles.

• Examples in Tanzania:
  1. Laws against theft (Penal Code) align with the moral principle of respecting others’ property.
  2. Environmental laws promote the moral responsibility of preserving natural resources for future generations.
  3. Laws prohibiting corruption reflect societal values of integrity and fairness.

Functions of Law

Law serves multiple essential functions in society, shaping behavior, maintaining order, and providing a framework for justice. Below are its key functions:

Conclusion

Law in Tanzania is a dynamic and multifaceted system that governs societal interactions, maintains order, and ensures justice. Its meaning reflects a framework of principles and rules that regulate conduct, balancing the rights and duties of individuals and the state.

The nature of law is characterized by its normative force, distinguishing it from moral and social standards by its obligatory nature and enforceability through sanctions.

The functions of law—regulatory, preventive, and directive—underscore its role in guiding behavior, prohibiting misconduct, and providing a structured framework for societal governance.

Additionally, the sources of law in Tanzania, including the Constitution, statutes, customary and Islamic law, received law, precedents, and international law, demonstrate the rich legal heritage and adaptability of the system to modern needs.

Together, these elements establish law as a cornerstone of Tanzanian society, ensuring that individuals and institutions operate within a defined legal framework.

Understanding the meaning, nature, functions, and sources of law is vital for appreciating its central role in fostering peace, justice, and development in Tanzania.