Theoretical Background for Co-existence Research

Introduction

It is the nature of man to live in communities. He lives in this fashion in every part of the world today, and the evidence of history and pre-history shows how long he has been doing so. But then it must be noted that where people live together conflict is bound to arise due to various conflicting interests among the people. Also, bearing in mind that everybody tries to work hard, obtains basic needs and all other things which help to make life happy and comfortable which are incidentally in short supply, since the supply is always in short in proportion to the demand, competition for them sets in. It is a race in which we all engage, and in every race or game there must be rules and regulations. Else, we are moving towards the ‘state of nature' as enunciated by Hobbes. Therefore, the existence of rules and regulations (law) becomes a sine qua non to the peaceful co-existence of people and nations all over the world.

This chapter therefore, attempts a critical examination of International and Municipal laws. The chapter is divided into three parts. Part one which is the introduction provides theoretical background for the work. In it, clarifications of some concepts that are germane to the study are done. It also looks briefly at purposes and characteristics of law.Part two compares vividly international law and municipal law looking at the debate on the relationship between the two using the contending theories. Part three, which is the concluding aspect, presents a complementary nature of international law and municipal law, thereby viewing both laws as real, irrespective of their peculiarities.

Understanding the Concepts

Since conceptual clarification is a form of intellectual ritual that gives clarity and validity to any discussion, it is therefore necessary to explain concepts that are germane to this study for the purpose of deeper understanding.

The Concept of Law

There have been various definitions of law by different scholars across the global intellectual communities. These definitions exist, ranging from the philosophical to the practical, Plato called law social control; William Blackstone (1977) sees law as rule, specifying what was right and what was wrong. For the purpose of this study, law is viewed as a body of rules that establish a certain level of social conduct, or duties that members of the society honour (Davidson, 1998:3).

Law simply means an arrangement that coordinates and confines people's behaviours to conform to an agreed general ways of human conduct in a given society, with a threat of sanctions against defiant behaviours. Inferred from the above definitions is the need to obey the law. This is because disobedience may attract sanctions that may result in imprisonment, fine or death, depending on the nature of offence. Law may also be defined as a body of rules or regulations governing the conduct of human beings in their social regulations.

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