Browsing by Author "Lubogo, Isaac Christopher"
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Item The Art of Oratory in Jurisprudence(Jescho Publishing House, 2022) Lubogo, Isaac ChristopherLawyers often speak before adjudicators, city councils, planning commissions, and give talks to civic groups, business executives, or company employees. They even give media interviews on behalf of clients. For certain individuals, it falls into place without any issues. It’s a piece of their characters. In any case, for the individuals who aren’t sure or have stage dread can generally work on speaking and oratory skills. It’s progressively essential to be a viable open speaker if you mean to be a litigator. Judges and juries will anticipate it. Restricting insight will be prepared to jump if you need certainty or on the off chance that you continually slip up when making your contentions in court. It is a highstress condition and you should be agreeable introducing your case as well as having the option to think and react quickly when being tested by your appointed authority. For attorneys, this is significantly increasingly significant. Individuals believe that since you’re a legal counsellor, you’re consequently a dauntless and splendid open speaker. We legal advisors all realize this isn’t in every case valid. This desire, however, is one motivation behind why it’s progressively significant for legal advisors to have great talking abilities than it is for some other experts. As a legal advisor, it’s important that you realize how to convince an adjudicator or council, or address a gathering of professionals, investors, or meeting members.Item Cannabis and Associated Medicinal Herbs in Uganda(Jescho Publishing House, 2022) Lubogo, Isaac ChristopherCannabis is a drug plant. People use the dried leaves, seed oil, and other parts of the cannabis plant for recreational and medicinal purposes. It can have a pleasurable effect and may soothe the symptoms of various conditions, such as chronic pain. It is prudent to say that the first written record of the plant consumption and growing is in South Africa. Jan van Riebeeck, who ordered officers of the Voorman to purchase "daccha" in Natal for trade with the Khoikhoi. The Dutch East India Company attempted to establish a monopoly on its sale, and to that end prohibited cultivation of the plant by Cape settlers from 1680. However, the ready availability of cannabis in the wild and through trade with indigenous peoples meant that there was little profit to be made. Consequently, the prohibition was lifted in 1700. Beginning in 1860, the Natal Colony began to import Indian workers (called "coolies" at the time) to supplement their labour force. These Indians brought with them the habit of consuming cannabis and hashish, which blended with local, extant African traditions. The European authorities were concerned by this practice, believing it sapped the vitality of their workers; consequently, in 1870, Natal's Coolie Law Consolidation prohibited "the smoking, use, or possession by and the sale, barter, or gift to, any Coolies whatsoever, of any portion of the hemp plant (Cannabis sativa) ..."Item Demystifying the Order from Above(Jescho Publishing House, 2021) Lubogo, Isaac ChristopherThe law of criminal procedure lays down the machinery by which suspects are brought to court, tried and if found guilty, punished. Criminal procedure can also be defined as the means by which criminal law is enforced and involves the balancing of the liberty of the citizen against the interests of the community as a whole. The scope of criminal procedure extends over a wide perimeter from prevention and investigation of crime to prosecution and punishment of the offender.1 As far as human rights are concerned, every Ugandan citizen has a right to liberty. This presupposes that the freedom enjoyed by the citizens can only be limited according to the provisions of the law and anything done without heeding the same is said to be arbitrary. The Uganda Police Force is mandated under Section 4 of the Police Act to; protect the life, property and other rights of the individual, maintain security within Uganda, enforce the law, ensure public safety and order and detect and prevent crime in the society. In order to fulfill this mandate the Police is legally empowered to conduct arrests, searches and institute criminal proceedings. However, the in manner in which the Police has conducted numerous arrests over time, has left many Ugandans sceptical as to whether the Police is indeed a custodian of law and order. Many have witnessed brutal arrests of politicians, on television and in newspapers over time and even more recently when Police was dispersing people from political consultative sessions of presidential opposition candidates like Amama Mbabazi and Kiiza Besigye. The question that continues to linger is how should these arrests be conducted under the law? This book analyses the aspect of arrests by the government. It discusses the procedure of an arrest as enshrined in the laws of Uganda, the rights of an accused person, a suspect and even a convict. The book in principle analyses the time before an arrest is carried out; the time and manner of the arrest; and the events that follow the arrest. The book discusses the Miranda rule that guarantees that persons detained by police will not be interrogated in a way that places them at a disadvantage. The book also explores the aspect of searches on people’s property; how and when these searches should be conducted in accordance with the law.Item Demystifying the Order from Above: Uganda versus the Attorney General, when the forces exceed their constitutional mandate(Jescho Publishing House, 2021) Lubogo, Isaac ChristopherThe law of criminal procedure lays down the machinery by which suspects are brought to court, tried and if found guilty, punished. Criminal procedure can also be defined as the means by which criminal law is enforced and involves the balancing of the liberty of the citizen against the interests of the community as a whole. The scope of criminal procedure extends over a wide perimeter from prevention and investigation of crime to prosecution and punishment of the offender. As far as human rights are concerned, every Ugandan citizen has a right to liberty. This presupposes that the freedom enjoyed by the citizens can only be limited according to the provisions of the law and anything done without heeding the same is said to be arbitrary. The Uganda Police Force is mandated under Section 4 of the Police Act to; protect the life, property and other rights of the individual, maintain security within Uganda, enforce the law, ensure public safety and order and detect and prevent crime in the society. In order to fulfill this mandate the Police is legally empowered to conduct arrests, searches and institute criminal proceedings. However, the in manner in which the Police has conducted numerous arrests over time, has left many Ugandans sceptical as to whether the Police is indeed a custodian of law and order. Many have witnessed brutal arrests of politicians, on television and in newspapers over time and even more recently when Police was dispersing people from political consultative sessions of presidential opposition candidates like Amama Mbabazi and Kiiza Besigye. The question that continues to linger is how should these arrests be conducted under the law? Benjamin Odoki, in his book, Justice: A Guide to Criminal Procedure in Uganda, 1990, analyses the aspect of arrests by the government. It discusses the procedure of an arrest as enshrined in the laws of Uganda, the rights of an accused person, a suspect and even a convict. The book, in principle, analyses the time before an arrest is carried out; the time and manner of the arrest; and the events that follow the arrest. The book discusses the Miranda rule that guarantees that persons detained by police will not be interrogated in a way that places them at a disadvantage. The book also explores the aspect of searches on people’s property; how and when these searches should be conducted in accordance with the law. The book demystifies the highly volatile discussion of use of reasonable force while carrying out arrests. It lays out the threshold of what amounts to reasonable force and envisages circumstances where force is necessary to effect and arrest. The book also sheds light on the fundamental presumption of innocence and how this presumption should ordinarily be treated. Consequently, the book highlights the abuses that have and can be occasioned following the disregard or misunderstanding of this notion. The book reviews the principle of preventive arrest in light of human rights and its use as a tool of oppression. The book also labours to demystify the difference between the different armed groups in the country. It majorly indicates the difference between the police and the army and how their roles are different. It postulates the instances where this thin line of difference has been overstepped by either group and how catastrophic this action has proven to be overtime. It elaborates on the Posse Comitatus principle that argues against any military intrusion into civilian affairs. The book also tries to put into perspective the different groups being formed and revived in the country in the guise of maintaining law, peace and order. These groups include the Local Defence Units, Crime preventers and the like. The book attempts to place them under the different laws promulgated for the governance of the people of Uganda. The book also concerns itself with the aspect of obtaining confessions and admissions from arrested persons for purposes of presenting the same as evidence before courts of law. There have been instances where arrested persons have been coerced into confessions which have led to false imprisonments. The book also discusses aspects of finding no case against arrested people and the notion of nolle proseque; and the aspect of compensation for the people that have been falsely convicted or wrongfully arrested. The book discusses the issue of liability for police brutality. It discusses the vicarious liability of the Government in civil proceedings as master and employer of police officers for acts of police officers done within the course of duty. The book also considers personal liability of Police officers for their reckless acts in law enforcement and the possibility of the Police opening up investigations and commencing criminal proceedings against its officers. As a bonus, the book briefly discusses part of civil law that is relevant to the issues enunciated above.Item Digital Money: the law of cryptocurrency and cryptography(Jescho Publishing House, 2022) Lubogo, Isaac ChristopherOrdinarily, a cryptocurrency is a digital currency. Crypto currencies are digital assets that are designed to effect electronic payments without the participation of a central authority or intermediary such as a Central Bank or licensed financial institution. It is a medium of exchange that is in the form of digital asset and is designed to use strong cryptography in securing financial transactions; the control of creating additional units; and verifying asset transfer. Put more simply, it is a digital currency in which transactions are verified and records maintained by a decentralized system using cryptography, rather than by a centralized authority. Cryptocurrencies’ may have an effect of bypassing the traditional established centralized systems of money transaction control and this factor has to some minor extent contributed to the skepticism that some economies have towards adopting this trend. In the making of Bit coins, the framers envisioned a world here people would use this digital currency for almost all transactions. No wander still, that the traditional banking system wants to control or eliminate bitcoin. Despite the skepticism surrounding Bitcoins, some countries have endorsed it. El Salvador was the first country to use bitcoin as legal tender, alongside the US dollar.1 Japan and the U.K have also gone miles in promoting the using of bitcoins. Bitcoins being virtual and secured by cryptography, gives another important bypass to common day challenges in the money market like counterfeiting and double spending. They fall under a decentralized system based on block chain technology.Item The Executive Constitutional Mandate: demystifying the fountain of honor; Presidential powers overreach in Uganda(Jescho Publishing House, 2021) Lubogo, Isaac Christopherhe first thing I would like to ask my readers is to imagine a different President in office. If they support the current President and believe those who oppose him are doing so for partisan or otherwise illegitimate reasons, they should visualize a President whom they completely distrust. Conversely, if they dislike the current President, they should conceive of the President in power as someone they support and that those opposing him are acting illegitimately. This exercise is helpful, I believe, for focusing attention on the underlying constitutional issues rather than upon the wisdom, or lack thereof, of a particular President’s policies. Views as to whether or not an exercise of presidential power is legitimate tend to be based less upon legal abstractions than upon perceptions of the particular President in power. Someone supporting a particular President, for example, is likely to believe that parliament should not have the power to interfere with the President’s unilateral decision to send troops into armed conflict or that parliament should not have the authority to demand the President to extend or remove his term limits. Conversely, someone who believes a President’s agenda is improperly motivated or ill-advised is more likely to support constitutional principles that provide significant checks and balances upon the President’s exercise of power. In this way, views on presidential power tend to be more variable than views on other constitutional issues because they intuitively relate to who is in power in a way that views on other controversial constitutional issues such as freedom of speech and assembly, or freedom of religion do not. For this reason, this book on presidential power is well timed. Because the question of who will hold the Presidency after the next election should always be much in doubt, this is the perfect opportunity to examine the nature of presidential power as an abstract matter, rather than as a criticism or as an apologia of a specific President’s actions. This is what I intend to do in this book. Specifically, I contend that the power of the Presidency has been expanding since the founding, and that we need to consider the implications of this expansion within the constitutional structure of separation of powers. No matter which party controls power. This book makes the descriptive case by briefly canvassing a series of factors that have had, and continue to have, the effect of expanding presidential power. It further suggests this expansion in presidential power has created a constitutional imbalance between the executive and legislative branches, calling into doubt the continued efficacy of the structure of separation of powers set forth by the Framers. The book offers some suggestions as to how this power imbalance can be alleviated, but it does not present a silver bullet solution. Because many, if not all, the factors that have led to increased presidential power are the products of greed and selfish needs. Thus, this book ends with only the modest conclusion that regardless of who wins the Presidency, it is critical that those on both sides of the aisle work to assure that the growth in presidential power is at least checked, if not reversed.Item Exorcising the Inexorcible Buganda Ghost:(Jescho Publishing House, 2022) Lubogo, Isaac ChristopherExorcising the inexorcible Buganda ghost: Hoodwinked, Dumped, Used and re-dumped; A quest for Buganda's cause for Buganda's independence. Buganda in response to their proposals, were invariably faced either cynical deception. What went wrong? Where did this insolent manner of talking down from the height of their exceptionalism, infallibility and all-permissiveness come from? What is the explanation for this contemptuous and disdainful attitude to Buganda interests and absolutely legitimate demands? Buganda has grown weaker and subsequently broken apart. That experience should serve as a good lesson for Buganda because it has shown us that the paralysis of power and will is the first step towards complete degradation and oblivion. Buganda lost confidence for only one moment, but it was enough to disrupt the balance of forces in the Uganda. As a result, this book will argue that the old treaties and agreements are no longer effective. Entreaties and requests do not help. Anything that does not suit the dominant state, the powers that be, is denounced as archaic, obsolete and useless. This redivision of the world, and the norms of international law that developed by that time and the most important of them, the fundamental norms that were adopted following WWII and largely formalised its outcome came in the way of those who declared themselves the "bread servers" under the scramble and partition of Africa.Item Fashion, Design and Entertainment Law in Uganda(Jescho Publishing House, 2022) Lubogo, Isaac ChristopherFashion is literally defined to mean a popular or the latest style of clothing, hair, decoration or behaviour. Fashion law can be defined as an amalgamation of various kinds of laws, viz, contract law, employment law, consumer protection law, but most importantly intellectual property law, which can be regarded as the major tenet of fashion law. It also includes related areas such as textile production, modelling, media and the cosmetics and perfume industries. It is a specific field of law that deals with legal issues that impact the fashion industry. Fashion is a popular aesthetic expression in a certain time and context, especially in clothing, footwear, life style, accessories, make up, hairstyle and body proportions. A trend often connotes a specific aesthetic expression and often lasting shorter than a season. Style is an expression that lasts over many seasons and is often connected to cultural movements and social makers, symbols, class and culture. Fashion is generally transient of short lasting in nature and involves continuous change.Item Freedom through law(Jescho Publishing House, 2021) Lubogo, Isaac Christopher“If the legal system or a particular law is wrong or not good enough, and should be changed: if that is against the law, then the law is an ass – an idiot….” said of a law that one thinks is unnecessary or ridiculous. The phrase comes from Charles Dickens Novel, Oliver Twist. This opinion was expressed by Mr. Bumble, when he learned from Mr. Brownlow that, under Victorian law, he was responsible for actions carried out by his wife. His words and action vividly convey the extent of his indignation when he apprised of this legal fact, if that’s the eye of the law, the law is a bachelor: and the worst I wish the law is that his eye may be opened by experience. (Resonate with changing society) This is the very purpose of this book. The law should be seen to resonate with changing society not a dogma for if we fail to do so then to use Shakespeareʼs exact line by the famous plotter of treachery “ the first thing we do, letʼs kill all the lawyers” this was stated by Dick the Butcher, in Henry VI part II, Act IV, Scene II, LINE 73 Dick the Butcher was a follower of the rebel Jack Cade, who thought that if he disturbed law order, he could become king. Shakespeare meant it as a compliment to attorneys and judges who instill justice in society. It is among Shakespeareʼs most famous lines, as well as one of his most controversial. Shakespeare may be making a joke when character “Dick the Butcher” suggests one of the ways the band of pretenders to the throne can improve the country is to kill all the lawyers. Dick is a rough character, a killer as evil as his name implies like the other henchmen, and this is his rough solution to his perceived societal problem. The line has been interpreted in different ways: criticism of how lawyers maintain the privilege of the wealthy and powerful; implicit praise of how lawyers(law) emphasis added stand in the way of violent mobs; and criticism of bureaucracy and perversions of the rule of law under THE NAME OF DOGMAItem The Law of Crypto Currency and Cryptography in Uganda(Jescho Publishing House, 2022) Lubogo, Isaac ChristopherOrdinarily, a cryptocurrency is a digital currency. Crypto currencies are digital assets that are designed to effect electronic payments without the participation of a central authority or intermediary such as a Central Bank or licensed financial institution. It is a medium of exchange that is in the form of digital asset and is designed to use strong cryptography in securing financial transactions; the control of creating additional units; and verifying asset transfer. Put more simply, it is a digital currency in which transactions are verified and records maintained by a decentralized system using cryptography, rather than by a centralized authority. Cryptocurrencies’ may have an effect of bypassing the traditional established centralized systems of money transaction control and this factor has to some minor extent contributed to the skepticism that some economies have towards adopting this trend. In the making of Bit coins, the framers envisioned a world here people would use this digital currency for almost all transactions. No wander still, that the traditional banking system wants to control or eliminate bitcoin. Despite the skepticism surrounding Bitcoins, some countries have endorsed it. El Salvador was the first country to use bitcoin as legal tender, alongside the US dollar.1 Japan and the U.K have also gone miles in promoting the using of bitcoins. Bitcoins being virtual and secured by cryptography, gives another important bypass to common day challenges in the money market like counterfeiting and double spending. They fall under a decentralized system based on block chain technology.Item The Law of Forensics: a proof beyond the shadow of doubt(Jescho Publishing House, 2021) Lubogo, Isaac ChristopherThis book gives an understanding of the application of forensic sciences to the law. It covers the crime scene investigation process, and provides an overview of the various kinds of forensic evidence that may be collected and presented in court. Points out the identification, documentation and collection of physical evidence, including fingerprints, shoe impressions, hair fibers, firearms evidence and questioned documents, It considers biological evidence, including DNA, and tries to analyse the scientific unimpeachablity of DNA, blood spatter and other fluids, forensic anthropology and odontology. Finally, the book engages fire investigation and forensic accounting. It is designed to provide a foundation in the field of criminology who are interested in the use of science and law to solve crime, and considers the impact of television and other media on the field of Forensic Science and the courtroom.Item The Law of Oil and Gas in Uganda(Jescho Publishing House, 2021) Lubogo, Isaac ChristopherThe nature of oil and gas is one that is wide. As an industry, it covers very many areas of the economy and the social structure. It is concerned with the community; the people who are affected by the work it does. This is because the industry must acquire land or work side by side with the communities in order to extract oil. In this process, the industry must be careful to establish a working relationship between themselves and the communities concerned. The oil and gas industry also concerns the environment and its sustainability. This paper found that the work carried out by the oil and gas sector has a direct impact on the well-being of the environment. Poor working mechanisms could potentially harm the environment. The industry can pollute air, land and water bodies thereby choking the surrounding environments of their existence and well-being. The industry is also concerned with the welfare of its own workers. It must be able to respect and uphold their health and safety while at work or risk facing court cases that will usually require compensation. The Oil and Gas sector is comprised of numerous contracts that must exist to set the project into action. These contracts are principally between the IOC and the state that owns the resource. They can also be contracts between the IOCs and different subsidiary companies whose role is to carry out certain activities that the IOC could not carry out on its own. The oil and gas mining is a venture that takes up a long amount of time. The bringing of oil to fruition can take years of hard work and as such, there is an investment that must be made at the early stages. This investment can only be regained at the end of the exhaustion of the project. This is why the sector is very sensitive to changes in laws and taxation regimes as we know them. If these changes occur to the sector without rightful insurance, it becomes difficult to see the possibility of reaping from the sector. The exploitation of Oil and Gas has extensive bearings upon the Communities where the oil is situated. The settlers in the Albertine region have so far been affected by the exploration stages of production. Some have been asked to relocate, with or without compensation. Some have been resettled to other parts in the country for purposes of exploration. This is because of the effects the processes of the mining could potentially have on their health and the environment at large. The environment and climate are usually not spared in this too and as such, many measures must be put in place to preserve the environment as much as is possible during these processes of exploitation of the resource. These measures include the passing or updating of laws concerned with environmental management, and ratifying of international instruments that protect the same. Also, the production of Oil undergoes different stages of production. The Upstream which entails the exploration and drilling of the oil; midstream which is concerned with transportation of this oil to refineries for purifying; and then downstream which is concerned with the marketing and sale of the product. All these processes will in essence require a lot of contracts with many different organisations and many subcontracts as well. Some are straight up necessary; others are required by the law. All these factors; numerous contracts, upfront investment, long life span, sensitivity to change in laws and tax regimes, climate and community impact and different stages of production; increase the chances of disputes arising. Indeed, any of the mentioned factors has led to disputes that have required settlement. Oil exploration started way back in the early 347 AD in China. In East Africa, oil exploration started in the early 1930s by the British colonialists. The discovery of oil in South Sudan, in 1987 brought many prospects of oil discoveries in East Africa. 2006 massive oil reserves were discovered on the Ugandan shores of Lake Albert. However, the discovery of oil in Uganda is traceable far back before independence. Oil exploration activities were started in the 1920s by W.J. Wayland, a Colonial Government Geologist of the British Protectorate. The first well was drilled at a place called Butiaba-Waki in 1938. However, the activities did not solemnize due to the outbreak of the Second World War in the 1940s and the political instabilities of in the 1960s -1970s. These activities were resumed in 1983, leading to confirmation of the presence of oil in reasonable commercial reserves. The first recoverable oil discovery was made in 2006 by Hardman Petroleum and Energy Africa (now Tullow Oil) in Mputa-1 well Kaiso-Tonya. This brings the total discoveries of oil in Uganda to 21 to date. Oil and Gas Exploration in Uganda is currently taking place in the Albertine Graben region. This is part of the East African Rift System and runs along Uganda’s western border with the Democratic Republic of Congo (DRC). It is 500 km long and estimated to be 45 km in width. Amount of oil estimated to have been discovered is 6.5billion barrels. (I barrel is equivalent to 159 liters). Out of which 1.4 billion barrels is estimated as recoverable. The area explored presently represents less than 40% of the total area with the potential for petroleum production in the Albertine Graben and only 12% is licensed. There is therefore potential for additional petroleum resources to be discovered in the country when additional exploration is undertaken. It is important to note that not all that oil will be discovered. Globally, an average of 20%-30% of oil in place recovered economically using the available technologies.Item The Law of Penology and Criminology: "I can't breathe", a legal philosophical appraisal of the need to harmonize the law in Uganda(Jescho Publishing House, 2021) Lubogo, Isaac Christopher“If a law is unjust, a man is not only right to disobey it, he is obligated to do so as a test of legal validity, any law that degrades human personality is unjust. All segregation statutes are unjust because segregation distorts the soul and damages the personality. It gives the segregator a false sense of superiority and the segregated a false sense of inferiority “Woe to those who make unjust laws, to those who issue oppressive decrees, to deprive the poor of their rights and withhold justice from the oppressed of my people, making widows their prey and robbing the fatherless.” ~ Isaiah 10:1 Recent developments in the law have occurred against a background of mounting public anxiety about violent street crime. Leading politicians have proclaimed crime a priority rivaling even inflation and defense. As the sense of urgency intensifies, the desperate search for answers quickens. Virtually every day, a politician, editorial writer, or criminal justice professional offers a new prescription for ending crime. I believe the discussion currently raging over justice issues can best be understood by focusing upon a central question: Must we compromise the most basic values of our democratic society in our desperation to fight crime? I have elsewhere considered the implications of this question for issues of criminal responsibility and for policy choices in the administration of justice. In this book, I will examine the ways in which different answers to this fundamental question can affect the development of legal doctrine, particularly with respect to the constitutional rights of those accused of crime. Proficiency in law involves a number of different skills and competencies. It requires knowledge of the rules wherein the elements of criminal offences are to be found. It requires knowledge of the rules of evidence and procedure. It requires an ability to identify the rule(s) applicable to a fact situation and to apply them logically and coherently. Attaining these latter competencies is necessary to discharge effectively the day-to-day tasks of a criminal lawyer solicitor, advocate or judge. However, true mastery requires something further. It requires also a critical and evaluative attitude. The law in action is not just a matter of doctrine, it has its purpose that is the delivery of justice and criminal justice which are a contingent outcome in which rule, process and context all play their part. It is not simply a logical description of what happens when rule meets (prohibited) event. Understanding the law requires, therefore, an appreciation of the day-to-day workings and constitution of the criminal justice system. Moreover, it requires an understanding of the resources of the criminal law to produce substantive justice. If the mechanical application of a given rule to a fact situation acquits a dangerous or wicked person, or convicts someone neither dangerous nor blameworthy according to ordinary standards, the law may be considered not only ‘an ass’ but as confounding its own rationale. Understanding this rationale is also, therefore, a necessary preliminary to understanding the law itself since it will inform a realistic appreciation of what can be argued and what cannot. At its most basic, to know what the law is may require an understanding of how to produce cogent and principled arguments for change. This book seeks to examine the rules of the law in an evaluative context. It concerns itself with what makes a crime, both at a general theoretical level and at the level of individual offences. It addresses what the law is and, from the point of view of the ideas, principles and policies informing it, also what it ought to be. We will explore some general matters which will help to inform such an evaluative attitude, the principles and ideas informing decisions to criminalize will be considered. What is it, say, which renders incitement to racial hatred a criminal offence, incitement to sexual hatred a matter at most of personal morality and sexual and racial discrimination a subject of redress only under the civil law? This book examines punishment and the theories used to justify it. Although this is the subject-matter of its own discrete discipline, namely penology, some understanding is necessary for the student of law. It provides a basis for subjecting the rules of criminal law to effective critical scrutiny. If we have a clear idea of why we punish, we are in a position to determine, for example, what fault elements should separate murder from manslaughter, or indeed whether they should be merged in a single offence. Without such an idea our opinions will, inevitably, issue from our prejudices rather than our understanding. Individual offences themselves are covered and although elements of these offences vary, they have certain things in common. In particular, they require proof of some prescribed deed on the part of the offender unaccompanied by any excusing or justifying condition, together with a designated mental attitude, commonly known as guilty mind. Since this model of liability (conduct–consequence–mental attitude–absence of defense) is fairly constant throughout the criminal law these separate elements and the ideas informing them will be explored in before we meet the offences themselves, so as to avoid unnecessary duplication. Finally, we will examine how criminal liability may be incurred without personally executing a substantive offence, whether by participating in an offence perpetrated by another or by inciting, attempting or conspiring to commit a substantive offence. Before tackling these issues we will, examine some general issues pertinent to understanding the law and its operation, concentrating, in particular, upon the philosophy, workings and constitution of the justice system.Item The law of sports and entertainment in Uganda(Jescho Publishing House, 2022) Lubogo, Isaac ChristopherSports can be defined as institutionalized competitive activity which involves two or more opponents and stresses physical exertion by serious competitors who represent or are part of formally organized associations. According to the Oxford Dictionary, sport is an amusement, diversion, fun, pastime and game. Sports have been differentiated from games on the basis of the high physical skill factor they involve, and a sociologist has defined sport as institutionalized competitive activity which involves two or more opponents and stresses physical exertion by serious competitors who represent or are part of formally organized associations. Others define, sport, as a combination of physical and mental activity, governed by a set of rules or customs with social, educational and cultural dimensions. According to Bellis Mary, the documented history of sports goes back to at least 3000 years. In the beginning, sports often involved preparation for war or training as hunters which explain why so many early games involved throwing of spears, stones and rocks and sparring one on one with opponents. The physical activity that developed into sports had early links with ritual, warfare and entertainment. As far back as the beginning of sport, it was related to military training. For example, competition was used as a means to determine whether individuals were fit and useful for services. With the first Olympic Games in 776 BC that included events such as foot and chariot races, wrestling, jumping, discus and javelin throwing the ancient Greeks introduced formal sports to the world.Item Law of Witchcraft in Uganda(Suigeneris Publishers, 2022) Lubogo, Isaac ChristopherUse of supernatural or magical powers is a prominent phenomenon since antiquity till date. In our latter days, successful businessmen have been accused of amassing illicit wealth through the practice of witchcraft and magic, notions of blood money. Imagine such scene of a woman sitting on broom, holding it at its long handle and perhaps naked, freely floating in space with ease like directed balloon. One wonders about any possibility of mysterious healing. Like who does that or can do that? Pursuing a course in witchcraft and magic at one of the best universities on the face of the earth, another thought coming handy. Yet furthermore, discovering a world super power like America with legislation on sorcery is too much to imagine. Headlines on the media about cadavers being exhumed for body parts, human sacrifices, albinos and twins mostly being the major victims and or people being banished from their homes for witchcraft. To commit oneself whether wholly or partially in a trade where the bravest fear and courageous menfolk and womenfolk shun off is precisely a mindboggling manifestation of human uniqueness.Item The law on professional malpractice in Uganda(Jescho Publishing House, 2022) Lubogo, Isaac ChristopherProfessional malpractice refers to negligence or misdeeds by many professionals such as doctors, dentists, chiropractors, optometrists, nurses’ architects, engineers. Professional misconduct seems to be a topic in daily news headlines. Malpractice law provides the rules and procedures for holding professionals responsible for the harm that results from their carelessness. People depend on lawyers, pastors, judges, accountants and engineers, traditional medical practitioners, doctors and all other experts to perform their jobs prudently. They are entrusted with the sacred duty of preserving virtues of life, promoting justice for the oppressed, protecting health, offering penance to those who repent. However, these people instead act contrary and thus the term Professional misconduct. States governed by their various laws provide solutions to the violations conducted by these professionals. The law of Professional Misconduct aims at addressing professional negligence, creating a forum for redress mechanisms, promoting accountability, fostering patient safety and providing quality services. Meaning of Professional. The word Professional means practicing of a learned art in a characteristically methodological, courteous manner.1 It should be noted and recorded that every profession is guided by a code of conduct of ethics and headed by an overall or regulatory body. The conduct of conduct sets the standard of minimally accepted conduct within their profession. They act as a guide to ensure right and proper conduct in the daily practice of the profession.Item Legal Personhood of Artificial Intelligence(Jescho Publishing House, 2022) Lubogo, Isaac ChristopherWith the rise of AI, artistic creation of content is no longer a purely human enterprise. Currently works made by AI are considered to be computer assisted or aided works and copyright/patent right is vested in the human being who uses Al as a tool. However, questions have arisen as who owns the copyright/patent right in AI-generated works where there is no human input. Is it the inventor of the AI? The owner of the AI (Who may not be the inventor)? Or might the AI be given a certain degree of legal subject status and thus have its own rights? Section 4 of the Copyrights and Neighbouring Rights Act, 20061 provides that the author of any work specified in section 5 shall have a right of protection of the work, where work is original and is reduced to material form in whatever method irrespective of quality of the work or the purpose for which it is created. Section 17 of the Industrial Property Act 20142 provides that the right to a patent belongs to the inventor. Section 17 of the same Act provides that where two or more persons have jointly made an invention the right to the patent belongs to them jointly. It remains unclear who the author or inventor of a work or invention by an AI will be.Item Media Law and Policy in Uganda: an appraisal on legal and policy issues in journalism in Uganda(Jescho Publishing House, 2022) Lubogo, Isaac ChristopherThe word "media" is adopted from the plural of the Latin word "medium". To mean news, entertainment, education, data and promotional messages are sent world-wide through this type of communication channels. Every broadcasting medium like newspapers, magazines, TV, radio, billboards, direct mail, telephone, fax and internet are part of what is the media. In Uganda a system of customary law applied in Uganda prior to Britain declaring it a protectorate in 1884 and establishing colonial administrative law throughout the territory. In Buganda, largest of the traditional kingdoms in present-day Uganda, the kabaka (king) appointed a trusted official, the katikkiro, to be in charge of the kingdoms administrative and judicial systems. The country was never fully colonized as non-Africans were not allowed to acquire freeholds. Following the rise of African nationalism, a constitutional monarchy with a government based on the British model was implemented in 1955, and in 1957 political parties emerged and direct elections were held. Uganda became an independent commonwealth nation on 9th October 1962 with Milton Obote as prime minister. Within four years, however, Obote abrogated this constitution and declared himself president under an interim constitution. Following an attempt on his life in 1969, Obote banned opposition political parties, leaving himself the country de facto absolute ruler. Less than two years later, on 25th January 1971, Obote was ousted in a military coup led by armed forces commander Idi Amin Dada. Amin declared himself president, dissolved parliament and amended the constitution to give himself absolute power. The subsequent eight years proved a reign of terror marked by political repression, ethic persecution, gross human rights abuses (including extra judicial killings) nepotism, corruption and economic mismanagement. Obote was given sanctuary by Tanzanian leader Julius Nyerere, and was joined by some 20,000 followers. A year later, a group of these exiles attempted, unsuccessfully, to invade Uganda and remove Amin, who blamed Nyerere for backing and arming his enemies. Relations between the two states remained strained for many years. By 1977, the Uganda economy was floundering as was Amin’s hold on power. In an attempt to bolster his position, Amin ordered troops to attack Ugandan exiles in the Kagera salient, a narrow strip of Tanzania that juts north past Rwanda and Burundi and forms part of the southern border of Uganda. On 21 January 1979, Nyerere ordered a Tanzanian invasion of Uganda. By early April, Tanzanian forces had captured the capital, Kampala and Amin had fled the country. Tanzanian troops then spread throughout Uganda to maintain law and order during preparations for elections. As there was no potential successor who enjoyed national support, Obote was returned to the presidency in December 1980, but his government struggled to suppress opposition. In 1985, Obote was ousted in another military coup, this time led by Brigadier General Tito Okello, who ruled for six months before being deposed by the rebel National Resistance Army led by Yoweri Museveni, who was installed as president. Following promulgation of a new constitution in October 1995, Museveni won Uganda’s first ever direct presidential election. In a referendum in July 2005, 92.5% supported restoring multiparty politics. The following month, parliament voted to change the constitution to allow Museveni to run for more than two terms. He is now in his fifth five-year term of office, opposition leaders claimed, however, that the 2016 election was marred by voter intimidation, arrests of opposition leaders and other irregularities. The Museveni years have proved a period of relative political and economic stability. Gross domestic product (GDP) in Uganda was worth US$26.37 billion in 2015, with GDP per capita ranking 37th of 53 African nations.16 While Uganda surpassed the millennium Development Goals target of halving poverty by 2015, and made significant progress in reducing hunger and empowering women, a large proportion of its current (2016) population of 37.8 million almost half of whom are aged under 15 years remains vulnerable to falling back into poverty. The country has substantial natural resources, including fertile soils, regular rainfall, small deposits of copper, gold and other minerals, and recently discovered oil, with estimated deposits of at least 3.5 billion barrels. Agriculture is the most important economic sector, employing more than two-thirds of the workforce. Coffee accounts for the bulk of export revenues. Until the late 1990s, Uganda had only one television station, the state-owned Uganda Television, which began broadcasting the year after independence. It is now called the Uganda Broadcasting Corporation, and also operates five radio stations. Competition came in the form of Sanyu TV and Wavah, and opened the way for other stations. Radio was dominated by the state-owned Radio Uganda until the early 1990s, when the first independent radio stations received licenses to operate. There are now more than 200 radio stations serving the country. There are some 30 newspapers in Uganda, almost all of them publishing in English. The state-owed New Vision is Uganda’s oldest newspaper and has the largest national circulation. The Daily Monitor is independent, and the second oldest newspaper in the country. Red Pepper, a daily tabloid that began publication in 2001, is arguably Uganda’s most controversial news medium with its mix of politics, sensationalism and scandal. When, in May 2013, Red Pepper and the rival Daily Monitor published a confidential letter purportedly written by Army general David Sejjusa calling for an investigation into allegations of a plot to assassinate people who were opposed to the Museveni family holding on to political power in perpetuity, the offices of both publications were raided by the police, who shut down operations for several days. Since then, however, Red Pepper has extended its reach by upgrading its online presence. Social media have made a significant impact on the country, but were ordered blocked by the Uganda Communication Commission in advance of Museveni’s latest inauguration. Some analysts fear this could become a routine government practice. That said, relations between the media and the government are widely recognized as having improved since the mid-1980s, with government members holding open press briefings and making television appearances. This may, it is noted, have much to do with the fact that journalists now have avenues of legal recourse available to them. Media plays an important role in our lives as we experience the outer world more by print and digital media than directly. Media and journalism practice in Uganda is regulated by the laws of the land, supreme of which is the Uganda constitution. But over time, legislation in the country have ended up controlling instead of regulating in an acrimonious relationship between the media resulting in an acrimonious relationship between the media and successive regimes alongside other non-state actors. There are indeed over a dozen post-independence laws that have been enacted and have a bearing on the practice of draconian laws still remain in the law books. Those that have been amended such as the Electronic Media Act 2000 have been replaced by pieces of legislations that are vague and or retrogressive. Some specific sections of these laws have been ruled unconstitutional by the courts of law, such as the sedition and publication of false news provisions in the Penal Code Act. However, these still remain on the law books and have been used to charge journalists even when it is clear the charges would be dropped. For many observers, the aim has always been to fatigue the journalists in the process. Where the laws have been in adequate in squeezing the life out of media, the state has tended to resort to other forms of control such as economic sanctions and closures of media houses, physical attacks, threats and harassment of journalists, among others, including denial of adverting revenue. Indeed, in 1993, the government slapped an advertising ban on the monitor (now daily monitor) as punishment for its critical reporting on government. The ban was later lifted in 1997, but the damage had already been done. In May 2013, the government closed down operations of two media houses- Red Pepper and Monitor Publications for 11 days, together with their subsidiaries leading to massive losses in revenue. The closure followed the publication of a letter by Daily monitor, purported to have been written by the then Coordinator of intelligence, Gen David Ssejusa to his junior instructing them to investigate allegations of assassination plot against those opposed to the installation of Brigadier Muhoozi Keinerugaba (President Museveni’s son) as the president’s heir. The subsequent public debate in both social and main stream media licensed the government. Three daily monitor journalists: Richard Wanambwa, Risdel Kasasira and Don Wanyama, the Managing Editor, had been interrogated by the criminal investigations over the source of the letter. They were ordered to handover the letter but even before the interrogations could be concluded, the police obtained a court order to search both daily monitor and red pepper premises for the said letter and other sensitive information respectively. In the process, however, police suspended the operation of the two publications by switching off the printing presses and cordoning off daily monitor’s sister radio stations: KFM and Dembe fm.31 These acts by the state have led to a situation where the media operates in fear of the repercussions of their actions, with several reported cases of self-censor ship and spiking of public interest investigative stories deemed to be critical to the establishment and thus dangerous to publish or broadcast. In June 2, 2013, a few days after the state lifted the ban on monitor publications, the Sunday monitor publications, the Sunday monitor (daily monitors Sunday edition) was forced to pull down a lead story “Museveni ranks low in East Africa” that was adjudged to have cast the president in what some thought was bad light. In his explanation for the story’s removal, Monitor Publications Managing Editor, Mr. Alex Asimwe, said: “We agreed to hold back the story because it had not been handled very well.” The importance of media freedom and freedom of expression in the realization of other human rights and democratic processes cannot be overestimated due to the central role the media plays in decision making processes. In circumstances where the free flow of information and ideas is constrained, other human rights as well as democracy itself, are under threat. Particularly mechanisms, which are cornerstone of good governance, depend on the free flow of information and ideas, since citizen engagement can only be effective if people are informed and have the means to express themselves. Other social values including good governance, public accountability and individual fulfillment, combating corruption also depend on respect for freedom of expression. Given its power, those in leadership have always sought means to tame the media using a number of avenues including very restrictive legislation, which prescribe punitive measures in case of breach. For journalists therefore, an understanding of the legal and policy frameworks that affect media and freedom of expression in Uganda is critical since this empowers them not only to appreciate but also to take full control of their situations. Particularly so for freelance journalists and others working for small media houses who may fall victim to the different provisions without the readily available legal support that their colleagues working for big media house enjoy. As a country, Uganda has ratified and assented to several international legal instruments that bind her to respect the human rights provisions there in and these can therefore be cited to challenge some of the provisions in our national laws that are not compliant, but also in demanding that the government guarantees the respect and protection of human rights in any new legislation.Item Objection my Lord: legal practice demystified(Jescho Publishing House, 2022) Lubogo, Isaac ChristopherHaving received a brief of the client’s case, and identified legal issues. You should develop a Checklist to enable you pick necessary legal information you would need to advise the client and also in case of court action, sufficient information to support the action and also the mode of Commencement. In developing one you can be guided by the Substantive legislation on the matter, case law and even the CPR for example Check list No Standard template Make sure it covers the details of the workshop question There and general things in the personal details 0.7. 1 is also a guiding factor.Item Objection my Lord: legal practice demystified Vol. 1: Land Transactions(Jescho Publishing House, 2022) Lubogo, Isaac ChristopherHaving received a brief of the client’s case, and identified legal issues. You should develop a Checklist to enable you pick necessary legal information you would need to advise the client and also in case of court action, sufficient information to support the action and also the mode of Commencement. In developing one you can be guided by the Substantive legislation on the matter, case law and even the CPR for example Check list No Standard template Make sure it covers the details of the workshop question There and general things in the personal details 0.7. 1 is also a guiding factor.