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- ItemObuntu-Bulamu and the law(Jescho Publishing House, 2020) Lubogo, Isaac C.This is the first comprehensive book to address the relationship of Ubuntu to law in Uganda. It also provides the most important critical information on the use of Ubuntu, by the judiciary in Uganda. Although Ubuntu is an ideal or value rooted in Africa, its purchase as a performative ethic of the human goes beyond its roots in African languages. Indeed, this book helps break through some of the stale antinomies in the discussions of cultures and rights, since both the courts and the critical essays discuss Ubuntu as not simply an indigenous or even African ideal but one that is its own terms calls for universal justification. The efforts of Courts to take seriously competing ideals of law and justice has led to original constitutionalism and law more generally. Ubuntu, then, as it is addressed as an activist ethic of virtue and then translated into law, helps to expand the thinking of a modern legal system’s commitment to universality by deepening discussions of what inclusion and equality actually mean in a postcolonial country. Since Ubuntu claims to have universal purchase, its importance as a way of thinking about law and justice should not be limited to a few which has greatly incorporated the same, it but becomes important in any human rights discourse that is not limitedly rooted in Western European ideals. Thus, this book will be a crucial resource for anyone who is seriously grappling with human rights, postcolonial constitutionalism, and competing visions of the relations between law and justice. This book will (attempt to) demonstrate the irony that the absence of the values of Ubuntu in society that people often lament about and attribute to the existence of the Constitution with its demands for respect for human rights when crime becomes rife, are the very same values that the Constitution in general and the Bill of Rights in particular aim to inculcate in our society. Furthermore, the new call for an African renaissance that has now become topical globally, I would like to demonstrate the potential that traditional African values of Ubuntu have for influencing the development of a new Ugandan law and jurisprudence. I would like you to view this presentation as a contribution to the early debates on the revival of African jurisprudence as part of the total or broader process of the African renaissance.
- ItemCyber law in Uganda(Jescho Publishing House, 2020) Lubogo, Isaac C.
- ItemA treatise to my learned friend the Attorney at law(Designed, printed & published by Marianum Press Ltd., 2020) Lubogo, Isaac C.
- ItemHistory of Busoga(Designed, printed & published by Marianum Press Ltd., 2020) Lubogo, Isaac C.This “History of Busoga” is a translation of the original work of Mr. Y.K. Lubogo which was written in Luganda between 1921 and 1938. While considerable effort has been made to produce a readable English version, the objective of the translation is to preserve the content and style of the original work rather than produce a literary work. The facts and figures given were set forth by the Literature Committee. It is a pity that such a long delay has occurred between the completion of the manuscript and the publication of the book. Nevertheless, it is fortunate that this newly constituted Literature Committee has been able to produce for distribution the result of so many years hard work by the author. Since there has been this lapse in time between the writing of the original work and the appearance of this edition “The History of Busoga” is far from up-to-date and readers have to remember that when the author refers to “present day conditions”, he naturally means at the time he was writing; some time prior to 1939.
- ItemLaw of sports and entertainment in Uganda(Jescho Publishing House, 2021) Lubogo, Isaac C.
- ItemThe law of forensics in Uganda(Jescho Publishing House, 2021) Lubogo, Isaac C.Everything is a self-portrait, a diary, your whole drug history’s in a strand of your hair. Your fingernails the forensic details the lining of your stomach is a document. The calluses on your hand tell all your secrets. Your teeth give you away. Your accent, the wrinkles around your mouth and eyes, everything you do shows your hand. (Chuck Palahniuk) This book gives an understanding of the application of forensic sciences to the law. It covers the crime scene investigation process, and provides an overview of the various kinds of forensic evidence that may be collected and presented in court. Points out the identification, documentation and collection of physical evidence, including fingerprints, shoe impressions, hair fibers, firearms evidence and questioned documents, It considers biological evidence, including DNA, and tries to analayze the scientific unimpeachablity of DNA, blood spatter and other fluids, forensic anthropology and odontology. Finally, the book engages fire investigation and forensic accounting. It is designed to provide a foundation in the field of criminalistics to who are interested in the use of science and law to solve crime, and considers the impact of television and other media on the field of Forensic Science and the courtroom. “...if the glove doesn’t fit the hand then you must aquit...” Jonny l. Cochran in the trail of the century the O.J Simpsons case
- ItemThe law on professional malpractice in Uganda(Jescho Publishing House, 2021) Lubogo, Isaac C.
- ItemIntelligent design and the African ontological and epistemological aesthetics(Jescho Publishing House, 2021) Lubogo, Isaac C.The intention of this book is to affirm the exixtence of an African God (if there is anything like that); God the maker of a dynamaic universe. In this book, I analyse the mtyhs of various African peoples who relate that after setting the world in motion, the Supreme Being withdrew and remains “remote” from the concerns of human life or better perhaps set his paradigms in which (we call mankind) could reach him through different metaphors, call them different religions. The elementary concepts of British justice are a part of the essentials of civilization that we bring to Africa along with vaccinations and drains and literacy and God (Emphasis added) This book focuses on how the idea of God(s) permeated the legal ideology of the Africa’s nascent states. During the colonial period, it debated the best way to instil the principles of English justice in “savage” and “barbarous” peoples. Africa, the Gold-land compressed within itself-the land of childhood, which lying beyond the day of self-conscious history, is enveloped in the dark nature of night. This book also begs the need to better understand the origins of the continent. For example, where did the name Africa originate from? This question has attracted various schools of thought in the quest to establish how the name Africa came to be. A certain school of thought argues that the name Africa never originated from within the people and her people were never associated with the name. In fact, this school argues that Africa was initially named Alkebulan and was widely referred to as Alkebulan before the name Africa was conjured. In Kemetic History of Afrika, Dr cheikh Anah Diop writes, “The ancient name of Africa was Alkebulan. Alkebu-lan “mother of mankind” or “garden of Eden”.” Alkebulan is the oldest and the only word of indigenous origin. It was used by the Moors, Nubians, Numidians, Khart-Haddans (Carthagenians), and Ethiopians. Africa, the current misnomer adopted by almost everyone today, was given to this continent by the ancient Greeks and Romans.” He further postulates in sync with historians in this school that the continent was also called, by many names aside Alkebulan. These names include Ortigia, Corphye, Libya, and Ethiopia.
- ItemThe law of penology and criminology(Jescho Publishing House, 2021) Lubogo, Isaac C.“If a law is unjust, a man is not only right to disobey it, he is obligated to do so as a test of legal validity, any law that degrades human personality is unjust. All segregation statutes are unjust because segregation distorts the soul and damages the personality. It gives the segregator a false sense of superiority and the segregated a false sense of inferiority “Woe to those who make unjust laws, to those who issue oppressive decrees, to deprive the poor of their rights and withhold justice from the oppressed of my people, making widows their prey and robbing the fatherless.” Isaiah 10:1 Recent developments in the law have occurred against a background of mounting public anxiety about violent street crime. Leading politicians have proclaimed crime a priority rivaling even inflation and defense. As the sense of urgency intensifies, the desperate search for answers quickens. Virtually every day, a politician, editorial writer, or criminal justice professional offers a new prescription for ending crime. I believe the discussion currently raging over justice issues can best be understood by focusing upon a central question: Must we compromise the most basic values of our democratic society in our desperation to fight crime? I have elsewhere considered the implications of this question for issues of criminal responsibility and for policy choices in the administration of justice. In this book, I will examine the ways in which different answers to this fundamental question can affect the development of legal doctrine, particularly with respect to the constitutional rights of those accused of crime. Proficiency in law involves a number of different skills and competencies. It requires knowledge of the rules wherein the elements of criminal offences are to be found. It requires knowledge of the rules of evidence and procedure. It requires an ability to identify the rule(s) applicable to a fact situation and to apply them logically and coherently. Attaining these latter competencies is necessary to discharge effectively the day-to-day tasks of a criminal lawyer solicitor, advocate or judge. However, true mastery requires something further. It requires also a critical and evaluative attitude. The law in action is not just a matter of doctrine, it has its purpose that is the delivery of justice and criminal justice which are a contingent outcome in which rule, process and context all play their part. It is not simply a logical description of what happens when rule meets (prohibited) event. Understanding the law requires, therefore, an appreciation of the day-to-day workings and constitution of the criminal justice system. Moreover, it requires an understanding of the resources of the criminal law to produce substantive justice. If the mechanical application of a given rule to a fact situation acquits a dangerous or wicked person, or convicts someone neither dangerous nor blameworthy according to ordinary standards, the law may be considered not only ‘an ass’ but as confounding its own rationale.
- ItemThe law of oil and gas in Uganda(Jescho Publishing House, 2021) Lubogo, Isaac C.
- ItemDemystifying the order from above(Jescho Publishing House, 2021) Lubogo, Isaac C.
- ItemThe Executive Constitutional Mandate(Jescho Publishing House, 2021) Lubogo, Isaac C.The first thing I would like to ask my readers is to imagine a different President in office. If they support the current President and believe those who oppose him are doing so for partisan or otherwise illegitimate reasons, they should visualize a President whom they completely distrust. Conversely, if they dislike the current President, they should conceive of the President in power as someone they support and that those opposing him are acting illegitimately. This exercise is helpful, I believe, for focusing attention on the underlying constitutional issues rather than upon the wisdom, or lack thereof, of a particular President’s policies. Views as to whether or not an exercise of presidential power is legitimate tend to be based less upon legal abstractions than upon perceptions of the particular President in power. Someone supporting a particular President, for example, is likely to believe that parliament should not have the power to interfere with the President’s unilateral decision to send troops into armed conflict or that parliament should not have the authority to demand the President to extend or remove his term limits. Conversely, someone who believes a President’s agenda is improperly motivated or illadvised is more likely to support constitutional principles that provide significant checks and balances upon the President’s exercise of power. In this way, views on presidential power tend to be more variable than views on other constitutional issues because they intuitively relate to who is in power in a way that views on other controversial constitutional issues such as freedom of speech and assembly, or freedom of religion do not. For this reason, this book on presidential power is well timed. Because the question of who will hold the Presidency after the next election should always be much in doubt, this is the perfect opportunity to examine the nature of presidential power as an abstract matter, rather than as a criticism or as an apologia of a specific President’s actions. This is what I intend to do in this book. Specifically, I contend that the power of the Presidency has been expanding since the founding, and that we need to consider the implications of this expansion within the constitutional structure of separation of powers. No matter which party controls power. This book makes the descriptive case by briefly canvassing a series of factors that have had, and continue to have, the effect of expanding presidential power. It further suggests this expansion in presidential power has created a constitutional imbalance between the executive and legislative branches, calling into doubt the continued efficacy of the structure of separation of powers set forth by the Framers. The book offers some suggestions as to how this power imbalance can be alleviated, but it does not present a silver bullet solution. Because many, if not all, the factors that have led to increased presidential power are the products of greed and selfish needs. Thus, this book ends with only the modest conclusion that regardless of who wins the Presidency, it is critical that those on both sides of the aisle work to assure that the growth in presidential power is at least checked, if not reversed.
- ItemFreedom through law(Jescho Publishing House, 2021-07) Lubogo, Isaac C.If the legal system or a particular law is wrong or not good enough, and should be changed: if that is against the law, then the law is an ass – an idiot….said of a law that one thinks is unnecessary or ridiculous. The phrase comes from Charles dickens Novel Oliver twist this opinion was expressed by Mr. Bumble, when he learned from Mr. Brownlow that, under Victorian law, he was responsible for actions carried out by his wife. His words and action vividly convey the extent of his indignation when he apprised of this legal fact, if that’s the eye of the law, the law is a bachelor: and the worst I wish the law is that his eye may be opened by experience. (Resonate with changing society) This is the very purpose of this book the law should be seen to resonate with changing society not a dogma for if we fail to do so then to use Shakespeare’s exact line by the famous plotter of treachery “ the first thing we do, let’s kill all the lawyers” this was stated by dick the butcher in Henry VI part II, Act IV, Scene II, LINE 73 Dick the Butcher was a follower of the rebel Jack Cade, who thought that if he disturbed law order, he could become king. Shakespeare meant it as a compliment to attorneys and judges who instill justice in society. It is among Shakespeare's most famous lines, as well as one of his most controversial. Shakespeare may be making a joke when character "Dick the Butcher" suggests one of the ways the band of pretenders to the throne can improve the country is to kill all the lawyers. Dick is a rough character, a killer as evil as his name implies like the other henchmen, and this is his rough solution to his perceived societal problem. The line has been interpreted in different ways: criticism of how lawyers maintain the privilege of the wealthy and powerful; implicit praise of how lawyers(law) emphasis added stand in the way of violent mobs; and criticism of bureaucracy and perversions of the rule of law under THE NAME OF DOGMA.
- ItemExorcising the inexorcible Buganda ghost(Jescho Publishing House, 2022) Lubogo, Isaac C.Exorcising the inexorcible Buganda ghost: Hoodwinked, dumped, used and re-dumped; A quest for Buganda's cause for Buganda's independence. Buganda in response to their proposals, were invariably faced either cynical deception. What went wrong? Where did this insolent manner of talking down from the height of their exceptionalism, infallibility and all-permissiveness come from? What is the explanation for this contemptuous and disdainful attitude to Buganda interests and absolutely legitimate demands? Buganda has grown weaker and subsequently broken apart. That experience should serve as a good lesson for Buganda because it has shown us that the paralysis of power and will is the first step towards complete degradation and oblivion. Buganda lost confidence for only one moment, but it was enough to disrupt the balance of forces in the Uganda. As a result, this book will argue that the old treaties and agreements are no longer effective. Entreaties and requests do not help. Anything that does not suit the dominant state, the powers that be, is denounced as archaic, obsolete and useless. This redivision of the world, and the norms of international law that developed by that time and the most important of them, the fundamental norms that were adopted following WWII and largely formalised its outcome came in the way of those who declared themselves the "bread servers" under the scramble and partition of Africa. Of course, practice, international relations and the rules regulating them had to consider the changes that took place in the world and in the balance of forces, especially the 1900 Buganda agreement, should have been done professionally, smoothly, patiently, and with due regard and respect for the Exorcising the inexorcible Buganda ghost: Hoodwinked, Dumped, Used and re-dumped; A quest for Buganda's cause for Buganda's independence. xi interests of all states and one’s own responsibility. Instead, we see a state of euphoria created by the feeling of absolute superiority, a kind of modern absolutism, coupled with the low cultural standards and arrogance of those who formulated and pushed through decisions that suited only themselves. The situation takes different turn. These Western colleagues (and their cronies) prefer to forget what they did, and when we mention the event, they prefer to avoid speaking about international law, instead emphasising the circumstances which they interpret as they think necessary. This so called 1900 buganda agreement has pushed Uganda towards a humanitarian catastrophe and into the vortex of a civil war, which has continued up today. The type of colonial con-artist behaviour was contrary not only to the principles of international relations but also and above all to the generally recognised norms of state sovereignty they used devide and rule. This book offers no illusions in this regard and is extremely realistic in my assessment, further expansions of the Chinese influence deepen the Buganda question even more. For the colonialist it was obvious geopolitical dividends, for our country, it is a matter of life and death, a matter of our historical future as a nation. The Buganda question is not an exaggeration; this is a fact; it is not only a very real threat to our interests but to the very existence of our state Uganda and to its sovereignty. No doubts several red lines have been stepped over on numerous occasions. The cause and effect are that there should be no "staged coup" like the backfired " coffin cake " saga and third Kabaka crisis only and only ornamental election procedures towards the path of peace should be pursued. Buganda all must and should be done by peaceful political means.
- ItemObjection my Lord vol.5(Jescho Publishing House, 2022) Lubogo, Isaac C.
- ItemFashion, design and entertainment law in Uganda(Jescho Publishing House, 2022) Lubogo, Isaac C.
- ItemObjection my Lord!(Jescho Publishing House, 2022) Lubogo, Isaac C.
- ItemObjection my Lord VOL.2(Jescho Publishing House, 2022) Lubogo, Isaac C.
- ItemMedia law and policy in Uganda(Jescho Publishing House, 2022) Lubogo, Isaac C.
- ItemThe psychology of law(Jescho Publishing House, 2022) Lubogo, Isaac C.Psychology and law are familiar concepts in the experiment we call life. These concepts are of great importance and concern to Psychologists, political scientists, jurists, sociologists, etc. The frequency with which phycology and at times law are misunderstood and misconceived, provoke concern and debate in order to see the relationship between them. One might ask why the order in the arrangement of the concepts, why not law and Psychology but rather Psychology of the law? My answer is simply, it is so arranged because we have Psychology of law, meaning that we can apply psychological lens and principles to these other concepts. The unwearied think that Psychology is not relevant to the concrete realities in the society. This is not true. Psychology is not for those with massive intellects alone, it is approachable, one only need to be disposed, prepared and disciplined. It does not parade only senseless abstract ideas; it rather deals with concrete and particular issues of life. In the course of our exposition, one will discover that Psychology does not have the meaning many attaches to it. Neither does it mean occultism nor atheism; it is rather knowledge of things through the mirror perspective view. The field of psychology and law involves the application of scientific, clinical, and policy aspects of psychology to issues that arise in the legal system. Diverse perspectives are encompassed within psychology and law, including most of the major subdivisions in psychology (e.g., cognitive, developmental, industrial/organizational, and clinical). So, for example, cognitive psychologists may examine the reliability of eyewitness memory; developmental psychologists may assess the impact of maltreatment and abuse on social and cognitive development; industrial/organizational psychologists may investigate how workplace conditions contribute to the incidence of sexual harassment; and clinical forensic psychologists may provide assessment and treatment services to courts and attorneys, law enforcement agencies, or offenders in correctional settings or under court supervision. In each of these instances, psychologists use research and/or treatment protocols relevant to their specialization to address specific questions that emerge in the law. This article is organized around the intersection of those traditional subdivisions of psychology and the law. The field of psychology and law values contributions from professionals in a variety of different settings including university and research organizations, clinical practice, law enforcement agencies, correctional institutions, and other governmental and nonprofit agencies. Furthermore, it as well values the contributions of professionals. Thus, it is the main purpose of this edition to espouse the concepts involved, show their relationships and argue that Psychology is particularly important in interpretation of the law due to its unique nature. Within the calculus of factors so as to achieve morality, ethics, common good, substantive justice, etc “This is how to get away with murder...discredit the witnesses, introduce a new suspect and rebury the evidence...”
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