The 'Is' and the 'ought'of the law 2001-2005

Abstract

The 'is' and 'ought' of the Law is a debate that has gone on for a long time, and still is on-going. This obligatory essay is a mere small contribution to what already exists. The only significant difference is that the debate has been argued in connection to Zambia.Topics such as Constitution making process, Abortion, polygamy/bigamy, have been looked at in line with the 'is' and 'ought' of the Law in Zambia. The task in this paper has been to critically analyse the Positivist and Naturalist conception of Law. This has been achieved by first having looked at the way each school of thought views law and then going on further to critically analyse the various weaker points of each school. Lastly, the paper has supplied its own view of what the law should be in terms of the Constitution making process in Zambia, Abortion and Polygamy/Bigamy in Zambia.