Responses to the Study Guide Questions for

Session A-2, Slide #14

Question 1

The principal social problems that third world and transitional countries face constitute poor governance and poverty. Do these seem to constitute your country's major overall problems? If so, give some examples of these as they manifest themselves in your country.

Abid: Poverty is a major Social problem of Pakistan with the fact that most of the people have short economic resources and their standard of living is low. Poverty can be defined as a standard of living that is below the minimum level considered decent and reasonable by society. Some segments of society are more likely than others to be poor. Among the characteristics that affect poverty are age, sex, race and cultural background. Poor people are unable to fulfill their needs to live a life parallel to their neighbourers. In this age of competition they feel deprived of their rights and inferiority complex prevails upon them. They feel shy in sitting with the well off families. They are not given relations with well off people because they are disliked due to poverty. Poverty is the main problem of good governance, because poor people become frustrated when their needs of life are not fulfilled, and this is the root cause of increase of crimes in Pakistan. There are many cases where we see that rich man is abducted, or his child is abducted for want of money.

Mohemed: About the poverty I don't think so that my country has this the problem because of the high national income which depends on the oil and natural gas ,so for maybe next ten and more  years our economic will be fine ,besides the government as used it by good way specially last ten years. But I think we are about the first steps on good governance for example we need more of transparency in executing of public projects, we still on beginning of change to the new education.

Huma: I agree, poverty and poor governance are one of the major problems . However I would like to add that another problem is the mindset of the people, their attitude which does not adapt to change of any kind easily . Also another problem is corruption which gives the leeway to the people to change the law or alter it according to their needs as they know that by giving money they can easily get away with it.

Marshall Islands : As I said, we had a very lively and very long discussion about this question. In fact this question stimulated a good debate amongst the group members regarding the concept of poverty. I believe that everyone agreed that YES, these are 2 overriding problems that exist here.

Regarding POVERTY: In the Marshall Islands there is a very high unemployment rate, which leads to increases in the crime rate, in poverty, in the teenage pregnancy rate and a whole host of other problems. A lot of the problems here began when capitalism and the monetary system came to these islands. Before westerners began visiting and colonising these islands, people lived at a subsistence level. When westerners came and brought a monetary system with them, suddenly the concept of poverty changed, behaviours changed, etc. The idea of "poverty" is relative. Perhaps the subsistence level (at which life was before money and capitalism came here) was actually good -- can you call it "poverty" if everybody ate, nobody starved, and there is a system in place in which everybody is taken care of? In many of the outer islands of the Marshall Islands (and around the Pacific) people still live a basic, subsistence-level life (fishing and living off the land) and yet many say that these people are happier than those living in the central places where the monetary system rules.......in this case, what is this thing called "poverty"? The concept of "poverty" is rather complicated.

Lorna's Response: I agree that someone's level of participation in the cash economy does not necessarily represent his/her real wealth or poverty. As I see it, the relevant question is whether or not someone has access to the resources needed to meet familial needs. If someone can obtain the necessities, including adequate health care, at all stages of life, then poverty itself may not constitute a major "problem" in his/her life. If basic material needs are being met, then low participation in the cash economy might be experienced on a secondary level, where cash-poor individuals and families have access to fewer opportunities than the cash-rich ones. In my mind, the term "poverty" gains meaning when the experience of being poor in a particular country is described.

As you have pointed out in other submissions, copying foreign law is problematic, and can lead to a host of problems. Likewise, the hypothesis that a social problem has certain dimensions, or is leading to specific problems, in one jurisdiction on the basis of the form of that problem in another jurisdiction needs to be tested in light of country-specific facts. For example, in the Marshall Islands is "unemployment" leading to increases in crime and teenage pregnancy, or are you hypothesizing that the high "unemployment" rate could be leading to these harms in the Marshall Islands because it leads to these harms in some other countries? Are the Marshallese "poor" starving, or are subsistence practices proving sufficient to meet their nutritional needs? Are the poor "taken care of" during all phases of life, or are the old, disabled and sick left without inadequate resources? Do you have poverty-related problems in the Marshall Islands? If so, what are they and how serious are they?

Regarding Poor Governance: Poor governance is a real problem. There are serious problems with lack of transparency in the government and countless examples could be provided. One example is when key vacant positions in government are already filled BEFORE they are advertised...apparently this happens a lot. Another example is the inability to access regulations (which involves the issue of transparency as well as the issue of governance by rule) -- although statutes are available here, it is very difficult to find out what the complete law is in an area because rules and regulations are often kept hidden...it is even hard for lawyers to get copies of them. People are not always sure if decisions are made by rule or not, since the rules are often hidden. Government decisions are often made without any disclosure re how or why they are made. There is also a severe lack of participation by stakeholders in decision-making processes, and in the law-making process. A proper legislative process is lacking in this country, and there are severe problems in the area of accountability as well. The culture here sometimes (or maybe often?) conflicts with western ideas about good governance.

Christopher: Poverty, while present in American society, pales in comparison to situation in many developing countries.  Poor governance is a more pervasive problem.  Laws are often enacted as a result of political dynamics rather than a reasoned approach to changing behavior and resolving social problems.  The characteristics of governance by rule, accountability, transparency, and participation may be lacking to varying degrees.

Mavis: MIn my country of origin, Zimbabwe, I definitely see poor governance and poverty as among the principal problems facing the country.  There are others such as undeclared international sanctions, natural disasters such as persistent droughts etc.

Poor governance in Zimbabwe is manifested in the areas outlined in the Study Guide. As for poverty as a international trade lawyer, I do not see anything wrong with dependence per se. Both in Africa and in the West Indies where I have lived and worked, countries and economies  are small and therefore by definition, internal markets will be small thus the country has to export and in most cases, depend on those exports to gain much needed foreign currency to import that which they don’t produce themselves such as fuel and drugs etc. There is a reason why it is the big  countries in the developing world such as India, China, Brazil South Africa and Nigeria which are gaining ground in the development stakes-they are big. The rest of the smaller ones have no choice. Export dependence is unavoidable.

The problem as I see it is unfair terms of trade that is  that that is that countries like Zimbabwe do not get a fair payment for the commodities which they export and the finished goods which they do import are expensive leading to huge budget deficits.

I have only just moved to St. Kitts and I would say that poverty is a definite problem since poverty exits everywhere eon earth even in the so called developed world as was exposed for example in the Gulf States in the USA after the Hurricane Katrina hit the area.  I am still learning about the Federation’s system of governance and therefore cannot authoritatively make a definite pronouncement on whether it is good or not. Again I wish to state that it is not only in the so called developed world that one finds good governance. Even in the third world countries, one will find good governance. 

Valerie: Palau has fairly well-reasoned laws generally, due in large part to the fact that Palau is a former U.S. Trust Territory. They adopted many U.S. laws (some good, some bad) and didn’t have to reinvent the wheel in many cases. The electorate, however, often elects people based on family or other relations. They do not appear to have a problem electing individuals who violate the law or with known criminal histories. Certain governmental entities are more transparent than others due to the fact that sessions are televised and avidly watched by the citizenry. The entities that are not televised are far less transparent. Palauans, for cultural reasons, tend to elect people and let them run the show, i.e. the citizenry seldom speaks out against elected officials, just as they do not speak out against traditional leaders (chiefs). They will debate politics in cafes, but will rarely complain in an official or public manner.

Marilyn: Guyana: Issues of Governance, Poverty and Stainable Development

Guyana’s Major Problems

I will be focusing on Guyana in South America for my legislative drafting assignment.

Guyana is a very poor country covering an area of eighty three thousand 83,000 square miles and located on the southern coast of South America.  It is English speaking and is divided into four land form region viz:-

The country comprises a multi-racial population estimated at seven hundred and forty-five thousand (745,000) in 1999 with 90% of this population living in the coast belt on 7.5% of the total land area.

In 1999 Guyana’s GDP per capita was US$ 800.  In 1999 it was estimated that 35% of the country’s people were living below the poverty line with 21% of that living in extreme poverty.  In 1999 50% of the country’s workforce did not work with only 9% actively seeking employment.

Guyana’s economy is based on the production and export of its natural resources with agriculture and bauxite accounting for most of its export output.  The country’s economy is totally dependent on raw materials production and export sold in guaranteed preferential market.  However given the current trends in trade these guaranteed markets are now collapsing with new and project arrangements coming out of new WTO agreements and the European Union’s call for changes in the preferential arrangements between countries such as Guyana and the UK as traditional trading partner. These global changes are making economies such as Guyana more vulnerable as process tremble with the worsening of trade conditions in these traditional markets:  There is now a new focus on widening the production base and diversification to improved competitiveness and pricing.

Major Problems Confronting Guyana

Guyana is a country rich in natural resources such as gold, diamonds, bauxite, lush tropical rainforest, some of the great rivers of the world exhibiting great rivers of the worlds exhibiting great hydro-electric potential and with a diversity in wildlife many of which are found nowhere else in the world.  Its economic development potential is therefore great.  However it has been unable to adequately exploit this potential for the overall development of the people because of its historically derived relations of production and exchange, being largely an agro-based economy, the sparse population and the regional imbalances in that population distribution, the absence of human technical capacity and capabilities consequent on high levels of out migration and the destructive impact of political and racial divisiveness that tends to align the main racial groups with one or the other of two major emphases political patronage when in government to the virtual exclusion of other groups.

This is despite the presence and legitimacy of local democratic organs established to ensure good governance inclusiveness and development of local communities in a process of based on community participation.

The critical problem the country faces can be cited as:-

1.    Guyana’s poverty and vulnerability (including the spatial planning perspective)

No cohesive integrated plan at the national level to guide the strategic spatial approach to allocation of resources for development.  Regional imbalances and inequality in development perpetuated in the process.

Over the years there has been no meaningful attempt to create new sustainable employment centres, which allow for income generation and a more balanced spread of the benefits of national development.  As a result, the employment levels both in urban and rural areas remain high.

Quite contrary to the philosophical and ideological underpinnings of the system of local government in Guyana, the gains of the country’s economic development have not been “trickling” down to the urban and rural poor and local democratic organs set up for precisely this purpose have not been actively facilitating the eradication of urban and rural poverty.

There has largely been a failure on the part of Governance to broaden the rural economic base.  A continued heavy reliance primary production has rendered the rural agro-based economy very vulnerable in view of the rapidly changing nature of the global market place and competition. (NB the impact of globalization and liberalization in trade)

2.     Governance issues

Although an elaborate system of Local Democracy was introduced into Guyana in 1980 with the promulgation of the Local Democratic Organs Act, 1980, the system still does not function as intended.  Important development decisions affecting Local Government areas still reflect centralized, top-down rather than a bottom-up approach to decision-making.

Specific Issues

It has been recognized that many of the institutions inherited at the time of independence were designed for a past time, and still operates less efficiently today and manyaccording to the National Development Strategy, “act as a break on ones development”.  This applies to the policy-making arms of our government to those departments and sections which administer CD implement policies and those more directly concerned with production.  It applies to our research organizations, to our land registration and distribution authorities and to our judicial system.”Indeed if the truth was told, there is hardly a government agency in Guyana which would not benefit from a searching re-examination of its role, its modes operandi and its effectiveness” (page ix, National Development Strategy (NDS) 2001-2010 )

3)  Eradicating Poverty and Unifying Guyana: Problems and Constraints to Development

i)  Inadequate investment and Archaic Institutions to ensure economic development and change

The failure to attract suitable investment is due to among other reasons, political tension, ambiguously stated investment policies and strategies, lethargic investment efforts, inadequate investment promotion and management and industrial unrest”( page ix, National Development Strategy (NDS) 2001-2010 )

2)    Politics and Race

The NDS identified the major obstacle to Guyana’s development as being the divisive nature of its politics in an environment dominated by two political party for which the main followers are drawn from the two major racial groups i.e. the Indo-Guyanese and the Afro-Guyanese.  There is racial and political divisiveness between the two parties in an environment based on the westminster model which does not encourage inclusivness in governance.  There is very little unity of purpose between the political parties.

3)  Infrastructure

Generally infrastructure is inadequate both in terms of the quality, quantity and inter-connectivity between rural and urban areas.  Only 19% of the 1600 miles of roads network comprises of primary road. Inadequate level of infrastructure undermines social and economic development as it:-

4)  Public Utility

Inadequate levels and management of public services i.e. electricity, water and telephone which house all suffered from the lack of  utilization of advances in technology.

5)  Human Capital

The shortage of trained human capital is perhaps the most severe problem facing the country in its effort to ensure social and economic development.  Though the education system is fairly adequate, many of the country’s trained human resources have migrated in light of the worsening economic conditions of the past two decades.

6)  Urban Development

Guyana comprises six urban municipalities i.e. Georgetown the capital with an estimated population of 177,900; Linden with a population of thirty three thousand five hundred (33,500), New Amsterdam with a population of twenty one thousand seven hundred (21,700), Corriverton with a population of fifteen thousand seven hundred (15,700); Rose Hall with a population of eight thousand (8,000) and Anna Regina with only two thousand six hundred (2,600) persons.

These municipalities are relatively small yet inadequately serviced in respect of infrastructure and services are generally inadequately maintained, as solid waste management systems are insufficient and inadequate manifesting in the blockage of drainage systems with deleterious consequences in the rainy season when the municipalities get flooded particularly in dwelling places.

The housing and settlements of the urban poor is characterized by overcrowding and squatting has become an established activity, providing informal housing tenancy and access to primarily state owned lands, particularly along drainage and sea-defence reserves.

Streets are crowded with informal vending activities, vehicular and pedestrian movements and where parking is disorganized and public transport service is chaotic.

Urban development and management is governed by the Municipal and District Councils Act of 1969 and the Local Democratic Organs Act of 1980 which both give wide powers and responsibilities to the Municipal Councils including the provision and Management of urban services.  They are authorized to accept grants and loans and to come bounds with the approval of the Ministry of Local Government and Regional Development; and to follow the policies of central government.

Unfortunately this wide powers and responsibility are subject to a set of archaic by-laws which render the councils operation  ineffectual and inefficient, as often there are overlaps in functions

Question 2 

Consider the model (Manual, Figure 3-1) which suggests that, to explain a country's poverty and vulnerability, we need to look at its economic relationships with the developed world and the structure of its internal economy. Does that model help you understand your own country's difficulties? Can you suggest any changes that would make it more relevant to your country's difficulties?

Abid: The model helps us to understand the main motivating force and criteria in judging the root causes of poverty. Perhaps we see families who are trapped generation after generation in financed based loans for domestic reasons like, marriage, medical treatments, housing etc- adults and children sleeping in parks, under bridges, or on the street, millions of people are jobless, uneducated due to poverty, all of these images in our society are true, hence Slavery (forced Labour) may also be included in the model.

Mohemed: This is our major problem. We depend entirely on mineral wealth.

Huma: The model does help as the developing countries are getting proper and the developed countries richer. It is only by solving this problem of unequal distribution of resources can we over come this problem.

Christopher: The diagram illustrates how increased consumption leads to a trap.”  The U.S., as a developed country, has a huge national debt.  I do not have a solution o that problem.  It clearly affects relationships with developing countries, particularly if there is a real or perceived need for the specific resources and goods of a developing country.

Mavis: I have two problems with Manual Figure 3-1. Firstly, the figure does not mention the men anywhere but only states that women, children and old folk comprise the main workforce. In Zimbabwe and definitely most f Southern Africa, it has always been primarily the MEN who go to work on the mines, estates etc. Also the figure ignores the fact that there is also a lot of production which is not aimed at the export market but for the local and regional markets ie. Not everything we produce in Zimbabwe is destined for Europe and North America. As local we produce much of what we eat, wear and use around the house and much of what we import would come from the region such as South Africa etc.  The figure is therefore over simplistic.

Valerie: No, I am afraid the model does not help me understand Palau’s difficulties. Palau has little debt and receives large infusions of cash from other countries.

Marilyn: This model seems to explain a country’s poverty and vulnerability in terms of its economic relationship with the developed world and the structure of its internal economy.  However, I wish to posit that poverty and vulnerability are also defined in terms of the inter-relatedness between the structural relationships forged by design or default,  by economic, social and political constructs that define a country’s economy and the interface of this with it socio- cultural and its natural resources base.  It is also the capability and level of commitment of the technical capacity, to allocate, use and manage efficiently and effectively the human and natural resources that will ensure not only redistribution of wealth and land and growth in the wealth of the country, but sustainable investment of the wealth created for improvement in the lives of the current and future population of the particular country.

Poverty and vulnerability can be explained by many causal relationships and the model presented does not address this myriad of inter -connected factors.

Question 3

Many lawyers think of the legal order primarily as a dispute-resolution system; and that, to instruct judges how to decide law-suits, the law should declare rights and duties. In contrast, this course holds that for the purposes of development law should primarily induce desired behaviors. Do you agree or disagree? Why? How might the answer influence how you approach the problems of drafting legislation?

Abid: Indeed primarily law should induce desired behaviors. To avoid useless, faulty and ineffective, unproductive law, it should firstly be ratified by desired behaviors and then effective legislation can be made. The mores are constantly changing in a changing society; similarly the law makes social policy and approves moral code. The law functions as an educator.

Mohemed: I think the law has two sides. First, it declares rights and duties. Second, the legal system resolves disputes. If everyone know his or her rights and duties, then the dispute resolution process will not need to be used as much. In my opinion, if people are convinced that the legal order was created for the amelioration of their problems, they will accept the legal order.

Huma: I agree that it is only when we bring about a change in the behaviors of the people can we change the society and this change can only be brought by laws. As it this nature of man to do something or adhere to rule when it is made into a law. Otherwise only a few people will follow it and the rest will ignore it. An example of a change in behavior can be seen only with the help of a simple law. example, in Singapore it is the law that even if a piece of paper is thrown on to the ground the person is charged nearly $500 , therefore the citizens of Singapore don’t throw the paper or rubbish resulting in cleanliness . In Pakistan on the other hand their is no such law so people don’t care and just roll down the window and throw the rubbish. If we want to change this behavior we must do it by law otherwise some conscientious citizens will follow it and the majority will ignore it.

Christopher: Yes, I agree.  Inducing desired behaviors is a far more sensible approach than resolving disputes as they arise.  The latter approach may lead to predictability of judicial outcomes, but is grounded more in the process of applying precedents rather than a pro-active approach directed toward the solution of a specific social problem.

Mavis: The legal order is used for different purposes in different places at different times.  I agree that for purposes of development, law should primarily induce desired behaviours. This is assuming that development is the goal of the country’s rulers. Sometimes, the goal of some rulers is for example repression in which case, their laws will be to induce fears

Valerie: I see no reason why law shouldn’t induce desired behaviors but also declare rights and duties.

Marilyn: I agree that for the purpose of development primarily “induce desire behavior”.  This view can be supported if one considers the meaning of development and the fact that it involves qualitative change in the lines of people.  Because people are at the center of the development agenda for any country one needs to understand the interplay of actors/functionaries charged with the responsibility of ensuring the qualitative change in the physical, social and economic welfare of the people they plan for and the conformity of such planned intervention with beneficiaries development needs and priorities at the household and community levels.

Additionally, to effect the desired outcomes of planned intervention calls for the prudent allocation, use and management of human, technical, and financial resources by institutional agents both from the private and public sector, having the legitimate or executive mandate to determine how such resources are utilized.  Such development involves and depends on the actions of planners and policy makers on the one hand the response to or involvement in such actions by beneficiary household, Communities or constituents, any planned intervention to ensure that the desired outcomes are realized must of necessity, involve behavioral change.

The extent to which development is realized and the quality of that development is dependent on the attitudes, socio-cultural perceptions and development biases of all the actors involved in the process.  This speaks directly to the behavioral imperative.  Where such behavior is negative or non-progressive, one can hardly expect positive outcomes supporting desired qualitative changes in people’s lives.

Left to the whims and farcies of the actors or decision-makers/planners, intervention measures in poor and vulnerable, in particular would not be a priority.

Consequently, there must be a way to ensure that planners and decision makers act in the interest of the people they serve.  Such a guarantee can only be derived form prescribed rules, regulations and legislation with criminal sanctions serving as deterrents for non-compliance.

Conversely, beneficiaries of desired outcomes, facilitated by the actions of planners and decision makers have a responsibility also to ensure that they conform to the requirements that will ensure the effective and efficient working of a system designed to ensure equitable resource use, management in the overall public interest.  As a result the citizenry in general have a responsibility to behave approximately to facilitate the efficient functioning of the state for the common good.

Laws are therefore necessary to ensure conformity and desired behavior among the citizenry in the interest of development and change and ultimately good governance.  All stakeholders whether they are planners, policy makers or beneficiaries must know the law and their various roles within the legal order.

Because government both in its executive and administrative function must govern and manage the affairs of the people, it has to have a system of governance which must be fair, equitable and transparent and justicable.  Such a system can only be derived through rules, regulations and laws which will prescribe the desired behavior that will ensure the proper functional of state.

It is necessary that laws are prescribed since the policies from which they are derived have no legitimacy in themselves and as such they cannot ensure compliance, as there is no obligation involved to obey policies.  Only when policies are enacted into legislation, that they attain legitimacy.  It is this legitimacy that is expected to influence government officials to ensure effectiveness, efficiency of actions in the interest if social development and change.

In any drafting of legislations to induce desired behavior, drafters will of necessity need to understand the various needs, priorities and perspectives of the relevant stakeholder groups the legislation will be designed to accommodate, whether the desired behavior is to accommodate changes on the part of institutions or the people these institutions serve.

The legislative drafter will of necessity need to undertake research to determine the relevant characteristics and the inter-relationship between and among these stakeholders if they are to be included in the promulgation and implementation of the specified legislation.  Drafters need to understand what policy makers want in terms of desired behavior, How they expect the implementers to perform and the type of behavioral responses they require from the citizenry to ensure the rule of law and good democratic governance.

The drafter must understand the behavior patterns, attitudes and perceptions of the various stakeholders whose behavior the law will seek to change, in order to draft effective, implementable laws which are unambiguous.  The drafters needs to understand the problem he is required to address in the drafting of the legislation, whose and what behavior constitutes the problem and then decide on the behaviors to solve the problem.

Question 4

Consider the five sets of those scholars and practitioners who in effect claim that law cannot change behaviors, and therefore cannot bring about social change. Pick one set, and present the arguments against their claim.

Abid: Against the formalistic argument: Power of the law is the ability to effect the behaviour of others. It has three composing elements, 1) force 2) authority 3) influences. Force is the use or threat of physical coercion. Authority is the right to make decision and order the actions of others. Influence is the ability to affect the decisions and actions of others beyond any authority to do so. The legitimate power is that which is socially sanctioned. The culprits are generally believe that they would escape from the clutches of law by using unfair means and by taking undue advantage from the Courts. No body apparently dares to approach the Court of law due to this simple reason that he would not get justice.

Hamdan: (According to the sociological view, a law must accord with the prevailing values and attitudes of no one will obey it.) However, people have different values and attitudes. Thus, if the sociological view is correct, how can any law work?

Christopher: The sociological view that a law must accord with the prevailing values and attitudes or no one will obey it causes one to ask the question, “Why bother?”  If a law cannot effect behavioral change, but merely memorializes the status quo, it is but an ornament.  Laws must be drafted within the cultural context of the society.  However, the “sociological view” described is a mantra of resignation to the inertia and caprice of the existing situation.

Valerie: The sociological view is that “a law must accord with the prevailing values and attitudes or no one will obey it.” I disagree with this view in that it is too sweeping. People will often obey a law even when it clashes with their values or attitudes. It is at times the habit of compliance that appears to bring about change in values and attitudes. An example of this is anti-discrimination and equal opportunity legislation. When the word “Ms” came out, most people laughed, but now, you’d laugh at the thought of addressing professional women based on their marital status. Another example is anti-smoking legislation. When anti-smoking laws were first introduced, most people either smoked or didn’t care much about regulating it. Nevertheless, most people complied with the law due to respect for the rule of law and concern about being penalized. In the case of smoking, everyone is used to the law, even smokers. The same could be said for seatbelt laws. When the legislation requiring them came out, most people complied for fear of being ticketed, not because they believed in them or truly believed they would save their life. Now, everyone’s just used to wearing them, and their attitudes about them have undoubtedly changed.

Marilyn: It is a fact that people make choices within the constraints and resources determined by the social, political, economic and physical environment.  This environment comprises ‘legal’ and non legal constraints and resources.  The law and the legal system impose the legal constraint and resources on both the workers of the implementing agencies and the addressees whose behavior lawmakers expect to change.  Then there are the non-legal constraints and resources.

Both the rules designed to bring about thru expected behavior and the non-legal factors as determined by location, specific constraints and resources, will interact to influence people’s behavior.  It might be argued that it is difficult to say exactly when and the extent to which one set of factors or a particular factor will have the greatest influence in the expression of the behavior, as individuals will react differently in any given situation.  It can also be claimed that reaction will depend to a large extent on the degree of socialization of the individual and the value systems he subscribes to.  So even if laws are promulgated to ensure desired behavior such behavior may or may not be realized what is sure however, id the fact that the legislation designed to effect a change in behavior is but one of the casual factor that will cause the new behavior desired.

I wish to take the view, however, that there are instances when the law is clear and the rewards and sanctions known, and where the roles of addressee and implementation agencies are clearly articulated, and well elucidated through public awareness programmes and strong enforcement measures, that one can isolate law’s influence an example of this is Financial Acts, National Insurance Acts.

Question 5

"The poverty and the poor governance prevalent in developing and transitional countries reflects their inappropriate use of the legal order to induce beneficent social, economic and political transformation." Comment.

Abid: Poverty is called main social problem of transitional countries, because these people lag behind the advancing people and do not understand the ways of progress, and try get the equal level through shortcut way and that ultimately cause the poor governance. Law is social control through the systematic application of the force of politically organized society. “A society’s Quality of governance reflects from its institutions who are responsible for dispensing justice.”

Mohemed: Once in power, people have an interest in using law to continue the existing system. Using law for change does not necessarily coincide with their ambitions.

Huma: Poverty and poor governance contribute a lot as due to these factors there is a lot of inequality , illiteracy, corruption and lack of awareness .All of these factors are negative enad therefore affect negatively and affect the social , economic and political aspects .

Christopher: The comment is an oversimplification.  Inappropriate use of the legal order is but one component of the cascade of poverty and poor governance.  Culture, natural resources, health status, education, and many other factors are involved.  It is a circular, self-reinforcing process. 

Mavis: “The poverty and poor governance prevalent in the developing and transitional countries reflects their inappropriate use of the legal order to induce social, political and economic transformation.” Comment

While I do agree that the legal order can be a tool to induce social, political and economic transformation, I do not believe that poor governance and poverty in any country can be attributed solely to its inappropriate use. In fact it could even be argued that inappropriate use of the legal system is a result of poverty and that ultimately leads to poor governance. There are other causes of poverty such as already pointed out a country’s relationship with the rest of the world, as well as the structure of its internal economy.

Valerie: I believe this quote means that developing and transitional countries are poor and poorly governed because they aren’t using the law to improve institutions. If that is what it means, I simply don’t have an opinion on this yet.

Marilyn: This statement pre-supposes

But  I submit that in many of these countries there are: