PHM 502 Pharmacy Jurisprudence Theories PDF

UNIVERSITY OF CAPE COAST Cape Coast, Ghana LEGAL ENVIRONMENT OF BUSINESS AND PHARMACY JURISPRUDENCE PHM 502 – Aspects of Theories of Legal Jurisprudence Alhaji Dr(Pharm) Inua I. Yusuf, Esq. MSc; FPCPharm; PgDClinPharm; MBA; LLB; BL; Pharm-D...

UNIVERSITY OF CAPE COAST Cape Coast, Ghana LEGAL ENVIRONMENT OF BUSINESS AND PHARMACY JURISPRUDENCE PHM 502 – Aspects of Theories of Legal Jurisprudence Alhaji Dr(Pharm) Inua I. Yusuf, Esq. MSc; FPCPharm; PgDClinPharm; MBA; LLB; BL; Pharm-D 0244385320  UNIVERSITY OF CAPE COAST CAPE COAST - GHANA LEARNING OUTCOMES ❖ By the end of this session, participants will be able to: Demonstrate an understanding of the legal jurisprudence; Demonstrate an understanding of Kelsen’s Pure Theory of Law; Demonstrate an understanding of Wesley Newcomb Hohfeld’s Theory of Power; and Discuss some basic concepts of legal jurisprudence. Alhaji Dr. Pharm. Inua I. Yusuf, Esq. Jan 2024 [email protected]  UNIVERSITY OF CAPE COAST CAPE COAST - GHANA LAW – 1 ❖ Law is the system of rules which a particular country or community recognizes as regulating the actions of its members and which it may enforce by the imposition of penalties. Alhaji Dr. Pharm. Inua I. Yusuf, Esq. Jan 2024 [email protected]  UNIVERSITY OF CAPE COAST CAPE COAST - GHANA LAW – 2 ❖ Ignorantia juris non excusat “Ignorance of the law is no excuse” “… whereas ignorance of the fact may be an excuse, ignorance of the law is not …”. Nyameneba and Others vrs. The State GLR 723-729. Supreme Court. 6th December, 1965 per Ollennu, Akainyah and Siriboe JJ.S.C. Alhaji Dr. Pharm. Inua I. Yusuf, Esq. Jan 2024 [email protected]  UNIVERSITY OF CAPE COAST CAPE COAST - GHANA Law – 3 Difference between Policy & Law - (Riddi Garg (2023)) Basis Policy Law Meaning A broad plan laying down the limits A specific plan indicating what is to be within which discretion can be done or not done in a given situation. exercised in decision-making. Nature A general statement. A specific statement. Purpose To guide decision-making. To guide behaviour & ensure discipline. Flexibility It is flexible as it provides scope for It is rigid as it leaves no scope for discretion & judgement. discretion & judgement. Penalty Penalty for violation is not Penalty for violation is generally specified. specified. Source Based on objectives. Based on policies & procedures. Alhaji Dr. Pharm. Inua I. Yusuf, Esq. Jan 2024 [email protected]  UNIVERSITY OF CAPE COAST CAPE COAST - GHANA LAW – 4 Law can be a sword or a shield. It becomes a sword when people of conscience ignore it and denigrate it. It becomes a shield when we work to “make the law respectable”. In this labour we will get our hands dirty because law is seldom free from moral ambiguity. We will also become enmeshed in tremendously difficult and controversial choices. But, law remains the best hope of an incredibly diverse and fragmented world for peaceful coexistence. Lowell Ewert Alhaji Dr. Pharm. Inua I. Yusuf, Esq. Jan 2024 [email protected]  UNIVERSITY OF CAPE COAST CAPE COAST - GHANA LAW – 5 ❖ Hans Kelsen’s Theory Concept of Pure Theory of Law. Legal analysis should focus on what the law is, rather than what it ought to be. Law should be separated from morality, ethics, economics, sociology, history or politics. Basic norm (Grundnorm) denotes the basic norm, order or rule that forms an underlying basis for a legal system. Law ought to be obeyed from the standpoint of the legal system, not necessarily from the standpoint of a moral or religious system. Alhaji Dr. Pharm. Inua I. Yusuf, Esq. Jan 2024 [email protected]  LAW – 6 Wesley Newcomb Hohfeld’s Theory of Power (Twinning, 2009) Claim Privilege(or liberty) Power Immunity Duty No-Right Liability Disability * Claim (another * Claim-right is correlative of Duty * A has a claim-right against B ought or must) & opposite of No-claim. = B ought * Privilege (I may) * Privilege is correlative of No- * A has a duty = A ought claim & opposite of Duty. * A has a privilege = A may (not * Power (I can alter ought) * Power is correlative of Liability & position of another) * A has a power = A can opposite of Disability. * A has a disability = A cannot * Immunity * Immunity is correlative of * A has an immunity = B (another cannot) Disability & opposite of Liability (others) cannot  UNIVERSITY OF CAPE COAST CAPE COAST - GHANA THANK YOU Alhaji Dr. Pharm. Inua I. Yusuf, Esq. Jan 2024 [email protected]