The value of such a clause is that any court proceedings are stayed pending the settlementof the dispute by arbitration. As a general rule, the award of the Arbitrator (who could bean Advocate, Architect, Engineer or Surveyor, depending on the nature of the dispute) is10
final and binding on the parties to the dispute. The law governing arbitration is containedin the Arbitration Act (Cap. 49).Punishment and Legal ResponsibilityWe have already seen that laws exist in society to regulate relations between theindividual and also between the individuals and the state. It is therefore, the legalobligation of every member of the society to observe and maintain the law. In cases of abreach of the law, such an individual is held legally responsible for the breach and henceis liable for punishment.It should be noted that laws are useless without enforcementand enforcement supposesthe right to punish. Punishment is applied by the executive power of state, but thejudgment that punishment is required is rendered by the judicial power. Punitive justice(punishment) involves distributive (social) and legal justice in the function of restoringthe balance of equality that has been upset by crime.Definition of PunishmentPunishment is usually defined by putting forward what it involves. Consequently,punishment:-i).Must involve an evil or an unpleasantness to the victim;ii).Must be for an offence, actual or supposed;iii).Must be imposed by authority, conferred by the system of rules against whichthe offence has been committed;iv).It must be of an offender, actual or supposed;11
v).It must involve pain or loss of life, freedom, rights or property which isdeliberately imposed on the individual.Justification for PunishmentThe problem of the justification of punishment has three principle facets namely: -i)Why should we punish at all; what is the justifying purpose of punishment?ii)Whom are we justified in punishing?iii)How and how much may we justifiably punish?Often when people break the law, they are punished. The punishment may involve theloss of property or the loss of certain privileges, e.g. the penalty for violating the trafficcode, may be a fine or the loss of a driver’s license.In the case of more serious offences, the penalty can be imprisonment, and for somecrimes the punishment can even be death. These practices are so familiar that we mayaccept them without question. Yet, upon reflection, they do require justification.In taking away the money, the freedom, and the lives of convicted persons, the state isdoing them great harm, and whenever harm is done, some justification is required.The justification for punishment springs from the functions it plays or is deemed to playin society. To answer this question on justification, two traditional answers and onemodern answer have usually been given. These are; the retributive theory, the utilitariantheory (deterrence theory) and the reformative theory.
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