UGANDA CHRISTIAN UNIVERSITY

FACULTY OF LAW

JURISPRUDENCE II

LLB III (SEM. I) SEPTEMBER 2023

COURSE OUTLINE

COURSE LEADERS:

Ms Bako Jane Patricia pbako@ucu.ac.ug

Mr Herman Tuhairwe hermantuhairwe@gmail.com

Mr Oscar Kamusiime Kamusocar@gmail.com

TUTORIAL ASSISTANTS:

Mr Tomsange Antony atomusange@madvocates.com (Main Campus)

Mr Elijah Mushabe elijahmushabe@gmail.com ( Kampala Campus)

Mr Frank Uche Ogwang uchefrank9@gmail.com ( Kampala Campus)

COURSE DESCRIPTION

This course will introduce students to jurisprudential schools of thought and key jurisprudential
concepts. It will revisit major theories of law and discuss their relevance and applicability in
Uganda today. Students will learn to discuss legal and other societal issues in the context of
jurisprudential theories, and assess the relation between the philosophical and the real world.

COURSE OBJECTIVE

The main objective of this course is to train students to think critically about issues in the world
around them. In addition, the course should enable the student to:

(a) Identify, critically discuss and defend their viewpoint about the philosophical
assumptions underlying the law in general, and specific legislation, cases and their
judgments and what they mean to a legal mind.
(b) Gain insight on how these assumptions have changed over time.

CONTACT HOURS AND COURSE DELIVERY

Lectures for this course will be conducted twice a week for a two-hour period, complemented by
tutorials held once a week for two hours. Therefore, the total contact hours for this course will be
six per week. You must attend at least 90% of all the lectures and tutorials throughout the
semester to qualify for the exam at the end of the semester.

This course involves a blend of theoretical concepts and their relation to real life legal questions.
It is a build-up from Jurisprudence I which introduced students to legal reasoning and the basis
of law. This semester, that knowledge will be extended further by some additional theories and
by the consideration of how those theories affect (or should) the development of law in Uganda.
It should be noted that this outline is not an exhaustive representation of the content to be
covered during the semester. Similarly, students should not expect any hand outs and notes
from the course leaders.

The course will be run in a discussion format with active, informed participation from students.
Students will be encouraged to clarify and sharpen arguments and to critically assess other
people’s perspectives. It is therefore imperative that adequate preparation be done before each
class, based on the readings allocated for each week.

The Christian faith and its tenets will be incorporated throughout the course. Course lectures
and discussions will refer to and incorporate Christian worldview for comparative purposes with
the various schools of thought and ideologies addressed throughout the course. The lectures
will further address the application of the different concepts and ideas to Christian purposes and
ideals. The lectures on morality and the law will address the efforts and practices for
incorporating Christian principles and natural law into current legal systems.

COURSE EVALUATION AND ASSESSMENT SYSTEM:

The award of grades for this course will be based on the following:

● Course work which will be based on individual assessment and consist of one
written assessment of 25%. Attendance and participation of 5% will also
contribute to the final coursework grade.
● The final exam at the end of the semester will contribute 70% of the final mark.

● Please note that the highest level of academic ethic is expected in this course, and all
UCU rules and regulations on examinations and coursework will be followed to the letter.

COURSE CONTENT

The course will cover the following broad topics:

1. Marxism and Distributive Justice; Marxist Jurisprudence, Marxist Jurisprudence after

Marx and other theories of Just Distribution.
2. Law and Equality: Feminism, Critical Race Theory, and Affirmative Action
3. African Jurisprudence and Ubuntu Principle
4. Religion and Morality in law: The separation and convergence of Church, Mosque and
State, Morality and the law and customary law
5. Courts, Adjudication and Alternative Dispute Resolution: Appellate Courts and Common
Law, Political pressure, freedom of speech, separation of powers and the Rule of law
and popular justice
6. Legal Education and Legal Profession: Critical legal studies and postmodernism.
7. Ethics and Justice: Corruption and Civil disobedience, Lawyers as agents of change.
 8. Post-colonialism: African thought in post-colonial Uganda.

PRIMARY READING:

Students are advised to read the main texts below for an overview of the course. Additional
reading is indicated under each of the individual topics to be studied for this course. Students
are advised to prepare their own notes for personal reference. Hand-outs and notes may
occasionally be furnished by the course leaders, but these are not to be relied on solely for the
course, and will only serve the purpose of guiding the students’ study.

1. The Constitution of the Republic of Uganda, 1995 (as amended);

2. M.D.A Freeman, Lloyd’s Introduction to Jurisprudence, 8thEdition, Sweet and Maxwell,
London, 2008;
3. Hernando Desoto Polar,The Mystery of Capital: Why Capitalism Triumphs in the West
and Fails Everywhere Else, Black Swan, Reading, 2001;
4. J.M. Finnis,Natural Law and Natural Rights, Oxford University Press, Oxford, UK, 1980
5. Benjamin j. Odoki,The Search for a National Consensus: The Making of the 1995
Ugandan Constitution, Fountain Publishers, Uganda, 2005;
6. J.G. Riddall: Jurisprudence, 2ndEdition, Oxford University Press, Oxford, UK, 2005;
7. Aili Mari Tripp, Women’s Movements, Customary Law, and Land Rights in Africa: The
Case of Uganda,African Studies Quarterly, Vol. 7, Issue 4, 2004.
8. William Twining, Diffusion of Law: A Global Perspective, 2004.
9. Ronald Dworkin, Taking Rights Seriously (1977) (Chapters 1-5)
10. Fuller, Morality of the Law, 2nd Edition (Yale 1968), 33-151.
11. Departed Asians Property Custodian Board v. Jaffer Bros., Supreme Court of
Uganda, Civil App. No. 9 of 1998;
12. Mungereza v. PriceWaterhouseCoopers, Supreme Court of Uganda, Civil App. No.
34 of 2001;
13. Charles Onyango-Obbo and Andrew Mwenda vs. Attorney General, Supreme
Court of Uganda, Const. App. No. 2 of 2002;
14. Sharon et al. v. Makerere University, Supreme Court of Uganda, Const. App. No. 2
of 2004;
15. Uganda v. Peter Matovu, High Court of Uganda, Crim. Session Case Bo. 146 of 2001;
16. Law & Advocacy for Women in Uganda, The Constitutional Court of Uganda, April 5,
2007;
17. Rwabinumi v. Bahimbisomwe, Court of Appeals of ko, No. 30 of 2007
18. Legal Action for People with Disabilities vs. Attorney General, Kampala City
Council Authority sand Makerere University, MISC Cause No.146 available on
http://www.ulii.org/ug/judgment/high-court/2014/42
19. Oloka-Onyango and 9 others v the Attorney General, Constitutional Petition No.8 of
2014 https://ulii.org/akn/ug/judgment/ugsc/2014/14/eng@2014-08-01

WEEKLY SCHEDULE

As far as is practicable, classes will follow the schedule below. Please note that it is not set in
stone, and might change from time to time, with some topics being covered in different weeks
from those indicated below.

SESSION 1 – COURSE INTRODUCTION

Session Description: Describe the course syllabus and the lecturer’s and students’
expectations. Conduct a preview of the material to be covered. Discuss
the role that Christianity and Christian Doctrine will play.

WEEK ONE AND TWO: MARXISM AND DISTRIBUTIVE JUSTICE

Marxist Jurisprudence

Reading Assignment: Lloyds, 1129-1155 (8th Ed.) or 953-979 (7th Ed.)

Session Description: Introduction to Marxism including its philosophical foundation and basic
tenants.

Marxist Jurisprudence after Marx and Other Theories of Just Distribution

Reading Assignment: Lloyds 1155-1166 (8th Ed.) or 979-990 (7th Ed.), Finnis, 165-193

Session Description: Discuss evolution and application of Marxist ideology after Marx. Discuss
other ideologies concerning the just use and distribution of property.

Case law: Standard Oil Co of New Jersey vs United States (1911)/ Rockefeller’s monopolization
of the oil industry in America

WEEK THREE AND FOUR: LAW AND EQUALITY

1. Feminism

Reading Assignment: Lloyds 1285-1320 (8thEd.) or 1122-1157 (7th Ed.); Aili Mari Tripp,
Women’s Movements, Customary Law, and Land Rights in Africa: The
Case of Uganda; Law & Advocacy for Women in Uganda vs. The
Attorney General; Objective XV and Article 33 of the Uganda
Constitution; The Marriage and Divorce Bill; The Anti-pornography Act
2014

Additional Reading: Bhevs Magistrate, Kihayalitscha 2005, 1 SA 580 (CC) (male

Primogeniture); Shilubana vs. Nwamitwa2009, 2 SA 66 (CC) (Male
ascension to tribal authority)

Roe v Wade, 410 U.S. 113 (1973)

https://supreme.justia.com/cases/federal/us/410/113/

Dobbs v. Jackson Women's Health Organization 2022, 597

US_(2022) accessible here
https://supreme.justia.com/cases/federal/us/597/19-1392/#tab-opinion-
4600822 . A summary of the relevant opinion can be found here
https://www.lwv.org/blog/explaining-scotuss-abortion-decision-dobbs-v-
jackson-womens-health-organization .
 Mifumi (u) Ltd and 12 others v Attorney General, Kenneth Kakuru,
Constitutional petition No 12 of 2007

Session Description: Introduce and discuss feminist jurisprudence with an emphasis on the
four schools of feminism discussed in the Cain article. To understand
how court and the constitution have protected/side-lined women’s rights.

2. Critical Race Theory

Reading Assignment: Lloyds 1491-1496 and 1509- 1523 (8th Ed.) or 1352-1366 (7th Ed.);
Ricardo Rene Laremont, Political Versus Legal Strategies for the African
Slavery Reparations Movement; Fisher v. University of Texas, 507 U.S.
(2013), Grutter v Bollinger, 539 US; Students for Fair Admissions,
Inc. v. President and Fellows of Harvard College, 600 U.S. ___ (2023)
accessiblehttps://www.supremecourt.gov/opinions/22pdf/20-
1199_hgdj.pdf a commentary on the decision is accessible here.
https://www.scotusblog.com/2023/06/supreme-court-strikes-down-
affirmative-action-programs-in-college-admissions/ .

Session Description: Introduce and discuss critical race theory. Discuss the relevance of
critical race theory in United States of America with reference to the
Fisher case and the recent Harvard College Decision while drawing
examples from the Apartheid Policy in South Africa.

3. Affirmative Action and Corrective Justice

Reading Assignment: Objectives VI and XII and Articles 32 and 33 of the Ugandan Constitution.
Schuette v. Coal, 572 U.S. (2014); also consider the discussion from
Students for Fair Admissions, Inc. v. President and Fellows of Harvard
College, 600 U.S. ___ (2023) accessible
https://www.supremecourt.gov/opinions/22pdf/20-1199_hgdj.pdf and how
it affects the Uganda approach to affirmative action.

Session Description: Discuss the use of affirmative action in Uganda while drawing lessons
from United States of America in line with the Schuette case.

4. African Jurisprudence and Ubuntu

Reading Assignment: J.Y. Mokgoro, Ubuntu and the Law in South Africa, paper delivered at the
first colloquium on Constitution and the law held at Potchefstroom on 31 st
October 1997; C. Himonga, M. Taylor and A. Pope, Reflections on
Judicial Views of Ubuntu, PER/PELJ (2013)16 5

http://aefjn.org/en/ubuntu-an-african-culture-of-human-solidarity-2/

https://repository.up.ac.za/bitstream/handle/2263/28706/04chapter4.pdf?
sequence=5&isAllowed=y
Session Description: Discuss the use of African Jurisprudence and Ubuntu in Uganda and
analyse whether this principle can help us to bridge the aspect of division in our different
societies.

This Topic will benefit from a guest speaker depending on the availability of the person.

WEEK FIVE AND SIX: RELIGION AND MORALITY IN THE LAW

1. The Separation and Convergence of Church, Mosque and State

Reading Assignment: Objective XVIII and Articles 5 and 29 of the Ugandan Constitution;
Sharon et al. v. Makerere University (Especially the Opinion of Odoki,
CJ); James Boyd White, How Should We Talk About Religion?
Inwardness, Particularity and Translation

Session Description: Discuss the historic relationship of the Christian Church and the State and
discuss the aspect of religion in the context of a pluralistic society.

2. Morality and the Law

Reading Assignment: Articles 52(c)(3) and 225(1)(a) of the Ugandan Constitution; Rwabinumi
v. Bahimbisomwe, (especially the Opinion of Twinomujuni, JA); Stella
Ayoo and Victor Mukasa versus Attorney General of Uganda,
Miscellaneous Cause No 247 of 2006, Sylvia Tamale, Out of the Closet:
Unveiling Sexuality Discourses in Uganda, Feminist Africa, Issue No. 2
(2003); The Anti- Homosexuality Act, 2014; Oloka-Onyango and 9
others v the Attorney General, Constitutional Petition No.8 of 2014;
The Anti-Homosexuality Act, 2023; Obergefell v. Hodges, 576 U.S. 644
(2015) read closely the opinion of Scalia JSC)

Session Description: Explore the relationship between morality and the law with a focus on the
place of natural law based on the Rwabinumi case, along with a
consideration of morally sensitive issues in Uganda, especially
homosexuality, prostitution and ‘common decency’. All these will be
pitted against L.L. Fuller’s Morality of Law, for an understanding of what
law really should be.

WEEK SEVEN: ADJUDICATION, POLITICS, DEMOCRACY AND THE RULE OF LAW

1. Theories of Adjudication and Alternative Dispute Resolution

Reading Assignment: Lloyds, 1531-1586 (8th Ed.) or 1375-1406 (7th Ed.)

Session Description: Lecture on theories of adjudication and alternative dispute resolution.

Cases Conway vs Rimmer 1968 A.C 910

Island Tug Ltd vs Makedonia

Young vs Bristol Aeroplan Co Ltd

Practice direction [1966] 3 ALL ER 77.

Eric Bushoborozi vs Uganda HCCMC No. 11/2015

2. Political Pressure, Freedom of Speech, Separation of Powers and the Rule of Law

Reading Assignment: John E. Jones, Our Constitution’s Intelligent Design, Litigation Magazine,
Volume 33, No. 3, Spring 2007, pp. 3-6, 56-57; Charles Onyango-Obbo
and Andrew Mwenda vs. Attorney General, (especially the Opinion of
Justice Malinga); Andrew Mujuni Mwenda & Anor vs. Attorney
General

Session Description: Discuss the proper role of Judges and the problems faced by Judges in
the political climate of democracies.

WEEK EIGHT: LEGAL EDUCATION AND LEGAL PROFESSION

1. Critical Legal Studies and Postmodernism

Reading Assignment: Lloyds, 1209-1224 and 1236-1244 (8th Ed.) or 1039-1056 and 1073-1081
(7th Ed.), 1253-1264 (7th Ed.), (Gordon, “Law and Ideology” 1056-1063,
Gabel 1073-1081. Cases: Centre for Human Rights and Development V
AG, Constitutional Petition No. 16 of 2011 (Political Question doctrine),
Attorney General V David Tinyefuza, Constitutional Appeal No.1 of 1997
(Political question doctrine). Article: B. Dennison; The political Question
Doctrine in Uganda; A re-assessment in the wake of CEHURD, Law
Democra. Dev. Vol. 18, Cape Town 2014.

Session Description: Lecture on the key features of the Critical Legal Studies school of
thought. Discuss the practical applications of Critical Legal Studies in
general and by Christian lawyers. Lecture on the major tenants’ of
Postmodernism and Postmodern Jurisprudence. Discuss the relevance of
Postmodernism in Uganda.

2. Legal education in Uganda

Reading Assignment: The Odoki Report on Legal Education in Uganda; Joe Oloka-
Onyango, Legal Education in Contemporary East Africa: Recasting the
Debate on Pericles and the Plumber, Keynote address presented to the
1st Inter-University Council of East Africa Conference on Legal Education
in East Africa; Dar-es-Salaam, July 4-6 2005; A.V. Dicey, Can English
Law be Taught at the Universities? 1883; Mark J. Dunne, The
Rejuvenation of Legal Education, presented at the Inaugural Lecture of
the 168th Session of the Law Students’ Debating Society of Ireland; Brian
Abel-Smith & Robert Stevens, Lawyers and the Courts: A Sociological
Study of the English Legal System 1750-1965, Heinemann, London,
 1967; Pamela Tibihikirra-Kalyegira, Liberalisation of Legal Education in
Uganda – Policy Considerations, 2010, Law Africa, Kampala.

Study Report on a forum between the Law Development Centre and Law
Schools in Uganda, See Chapter specifically Chapter 2 on “Legal
Education and Training in Uganda”, Pages 5-9.

P. Kalyegira, Legal Education in the 21st Century, PILAC at 5 Public

lecture.

D.R. Papke: Legal Education in Uganda, accessible at

https://law.marquette.edu/facultyblog/2012/08/ugandan-legal-education/

William Burnnet Harvey, An introduction to the legal system in East

Africa.

Article: Thode Lebowitz & Mazor, Introduction to the study of law.

Professor Bwenjje, Legal Practice in Uganda

Cases:

Katungi Tonny V Attorney General HCMC No. 204 of 2017.

Andrew Bataamwe V Attorney General HCMC No. 280 of 2019.

Pius Niwagaba vs Law Development Centre Civil Appeal No 3 of 2006.

Raymond Ayebazibwe vs Barclays Bank & Ors H.C.C.S No 151/2018.

The Salvation Army vs Uganda Land Commission & Anor H.C.C.S No

284/2009.

Law Applicable

1. Advocates Act as Amended.

2. Uganda Law Society Act.
3. Advocates (Professional Requirements for Admission to Post
Graduate Bar Course).

Session Description: A discussion on the state of legal education in Uganda, where it is

headed, and whether it is being done right in light of market needs and
changing trends in practice and doing business in the world today. Class
will also consider alternative ways of training lawyers and employment
options for lawyers.

WEEK NINE: ETHICS AND JUSTICE

1. Corruption and Civil Disobedience

Reading Assignment: John Mukum Mbaku, Bureaucratic Corruption in Africa: The Futility of
Clean-ups, Cato Journal, Vol. 16, No. 1 (Spring/Summer 1996); J.G.
Riddall, Jurisprudence, pp. 322-335 (“Two bites of the cherry: Civil
Disobedience”)

Session Description: Discuss corruption from different jurisprudential perspectives. Review

causes and effects of corruption in Uganda. Discuss strategies for
addressing corruption. Discussion of civil disobedience

2. Lawyers as Agents of Change

Reading Assignment: First half of Making the Law Work for Everyone, Report issued by
The Commission for the Legal Empowerment of the Poor

Session Description: Discuss the special role of the lawyer in effecting (and preventing)
positive change.

WEEKS TEN TO TWELVE: POST-COLONIALISM: AFRICAN THOUGHT IN POST-COLONIAL

UGANDA

1. Post colonialism and the Law

Reading Assignment: Alpana, R. “Postcolonial Theory And Law: A Critical Introduction”,

Adelaide Law Review, pg 315, Vol 29, Issue No. 1/2 (2008); Seuffert, N.
and Coleborne, C. “Law, History and Postcolonial Theory and Method”,
Law Text Culture, 7(1), 2003; Otto, D. "Postcolonialism and Law?," (1999)
Third World Legal Studies: Vol. 15, Article 1.

Session Description: This session will delve into legal themes to which postcolonialism applies.
Students will be taken through the colonial history of the idea of law in the
third world and the justification for the application of postcolonialism to
legal theory.

2. NRM's Popular Justice Policy as Legal Reform

Reading Assignment: Berkeley, A. “From Hyena to Shepherd: The State and Popular Justice in
Uganda”, (1988), on file; Barya, J.J. &Onyango, J.O. “Popular Justice and
Resistance Committee Courts in Uganda (1994)

Session Description: The session shall deal with NRM's promise of an accessible justice as
opposed to colonial law as part of its participation based approach to
governance. The Resistance Committee courts are looked at in detail as
NRM's chosen tool to deliver indigenous justice.

3. Local Council Courts and the Decolonisation of the Law

Reading Assignment: The Local Council Courts Act, No. 13 of 2006; The Local Council Courts
Regulations, Statutory Instrument No. 51 of 2007; United Nations
 Development Programme, “Review of the Outcomes and Impact of the
Local Access to Justice Component (Final Draft Report)”, (2005).

Session Description: The reform of the RC system into the LC system will be looked at
through the lenses of the stated objective of the decolonisation of the law.
Students will be required to identify the ways in which the LC system
attempts to decolonise the legal system and to what extent this objective
is achieved.