Lets Discuss Legal Architecture

[DR OSMAN]

I am not a lawyer or expert on this area but from my observation, every social setting whether at village-regional-federal or even two people have to follow agreed and mutual law if a conflict arises or determining how they cooperate and it's rules. A society with no legal architecture is a ZOO and no different to the animal kingdom.

From what I gathered there is levels and dimension to legal architecture such as;

1. Civil/Criminal/State law architecture
2. Tribunals so people can settle matters outside court thru mediation and if unresolved goes to state run courts
3. Laws purpose is to create stability and inspired and usually effective if it consults a diverse range of sources such as religious, human rights, cultural systems, social consensus not extreme reliance on 1 source.
4. All laws are measured on their outcomes on society, if the law is active but hasn't led to good social outcomes and issues are recurring, that law has lost public confidence or fear like death penalty and is 'law in name only' but doesn't reduce the actual crime.

 

[DR OSMAN]

Somalia has laws on paper only but the actual area it's supposed to govern whether state, civil, criminal, tribunals are showing poor outcomes and this is systemic so it must be a cultural social decay and no matter what laws are set up the actual on-ground social/cultural decay will over-ride it.

This social decay can only be addressed thru kacdoon beeleed in all clans to socially discriminate and persecute the corrupt and criminal among them, don't let 1% of the population hold 99% hostage and making them compete on who has more thugs, corrupt, criminals in each clan.

We also need model citizen framework using minority clan as a blue print on how to raise up a new generation to follow their productivity, low crime/corruption rates. As long as the social element is rotten no amount of discussion on legal architecture is useful as they will decay the system from within and lead to public lack of confidence and clans competing again on corrupt-criminal to run institutions.