Books

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Social Policy Theories: Debates, Policies and Prospects of Social Change in the Great Lakes Region.
(Global Publishers and Distributors., 2008) Mwine, Catherine K. S. H.
The book is central to the Social Policy Planning Handbooks series and will prove an excellent text book in both electronic mode and conventional paperback material, for university students, further education and board room and front line policy implementers. It is also a thought provoking reading for those established in the profession. Social Policy Theories: Debates, Policies and Prospects of Social Change in the Great Lakes Region is written by an experienced professional with a deep knowledge of the subject and a determination to improve the process of designing equitable policies.
Building a Great Future: The Legacy of Bishop Tucker Theological College
(Uganda Christian University Publications, 2013) Uganda Christian University; Banja, Olivia Nassaka Christopher Byaruhanga
As Bishop Tucker School of Divinity and Theology/Uganda Christian University celebrate her centenary, we look back and thank God who in his Grace began a church leaders’ school on Namirembe hill in 1903 that later moved to Mukono hill in 1913. The vision of Bishop Alfred Robert Tucker to equip native leadership of the church is the blessing of God which we continue to celebrate to this date. This vision was further facilitated by the generosity of Buganda kingdom leaders such Ham Mukasa who gave land to the college which is a valuable resource and sign of God’s providence that we continue to celebrate. Bishop Tucker Theological College’s (BTTC) motto was ‘called to serve and with that motto the college gave birth to Uganda Christian University in 1997. The theological school in this university is now called Bishop Tucker School of Divinity And Theology. The school continues to grow and the legacy of BTTC still lives on. God is doing great things through the school with mission to train men and women for biblically grounded pastoral and academic ministry, train them in godly living, equip them to preach, evangelize teach, care for, and pastor God ‘s people in knowledge and love of God throughout the world. The vision at the heart of the school is to prepare faithful leaders who are called to serve God in both church ministry and public life. With this mission and vision the school continues to Influence all the university faculties with foundations of faith and ethics rooted in the bible. By serving in other faculties in the university we see leadership in all spheres of life being touched and influenced by God to serve faithfully with the understanding that he is the Alpha and Omega. Thus building leadership that is rooted in the knowledge of Jesus Christ with the awareness that it is God who called them to serve, faithfully in the church and society. In this way the legacy of BTTC still continues The spirit of God who moved the early Baganda leaders to invite missionaries to come and teach the faith of the living lord Jesus Christ as the light to shine in the darkens of Uganda has continued to shine and influence leadership of the church and nations in the world through BTSDT. This is the growth of the inspiration of God through Bishop Alfred Tucker, Ham Mukasa and many other servants of God. The articles in this book tell the story of the wonders of God on Mukono hill, the legacy of BTTC in Uganda and the world at large.
Integrating Faith with Work: a ministry transformational model
(Globethics.net International, 2015) Kansiime, Elly K.
The Integration of Faith in Work has been regarded as a ministry transformational model because today work has lost its place and meaning especially among Christian communities. Work no longer brings joy to those who engage in it. It has been so much associated with monetary benefits, that any work activity which is not worth paying is disregarded and degraded. Many people of our time have shifted focus from the purpose for which work was created to more personal benefits such as monetary gains. There is little consideration to what positive impact it may create and leave for the people that will come after us. It is a very serious matter when it comes to Christians who know that God created and mandated us to work as His stewards in His estate and yet we do not give it its due respect. Today’s Christian work ethic has not met with the expectation of the Biblical teaching when we look around and see what is happening among us as Christian workers. There is a lot of neglect and irresponsible management of what has been entrusted to us by God. Elly’s concern that has led to the writing of this book is intended to call upon Christian workers both in private and public sectors, to look back and see where the work ethic was lost and revive it. He points out clearly how much Christians need to understand the Biblical teaching about work in their daily life. Although they have engaged work most of their life time, they have been influenced by unbiblical principles such as corruption, idleness, and crime of all sorts. Over the years Christians have lost the work ethic and values and this has resulted into meaningless and unproductive work.
The History and Theology of the Ecumenical Movement in East Africa
(Fountain Publishers, Kampala - Uganda, 2015) Byaruhanga, Christopher
This book focuses on the history and Theology of the Ecumenical Movement in East Africa, focuses on how ecumenism has been understood by the Christians in this part of Africa. Just as there is a broad understanding of ecumenism in many countries of the world, there are also shifts in the way ecumenical movement has been conceived and carried out in East Africa. The history and theology of the Ecumenical Movement in East Africa, therefore, adds more literature to the already existing great wealth of knowledge in the area of ecumenism. However, its major aim is to address the deficiency of the materials related directly to the various history and theology of the ecumenical movement syllabi in institutions of higher learning in East Africa. The book aims at two things. Firstly, it is an effort to produce a textbook that can be used in teaching ecumenics in tertiary institutions in East Africa. Secondly, it is an attempt at setting the boundaries and the agenda for the future development of ecumenics in colleges and universities in East Africa. The choice of chapters in this book was partly determined by the course outlines from tertiary institutions in East Africa that offer ecumenics. This book, therefore, is intended to be a modest textbook that provides some directions and perspectives of what is to be taught at tertiary level in east Africa. As a guide to the study of the history and theology of the ecumenical movement in east Africa, this book highlights the emergence and teaching of the ecumenical bodies at global, regional and national levels. It is a study of the history and theology of ecumenism as traditionally associated with the movement towards unity as began by the non-roman catholic churches in east Africa which wanted to overcome the tendency toward denominationalism and rivalry that characterized much of the early church activities in the region. Two ecumenical challenges in east Africa are addressed in this book. The first challenge is among Christians from different ecclesiastical traditions. For many years, there has been historical and theological misrepresentation of the various religious traditions. And yet in the east Africa, the majority of Christians belong to certain Christian traditions not because of any theological convictions, but because they happen to be born in those traditions. The history and theology of the ecumenical movement in east Africa, therefore, is presented in such a way that the reader is helped to: (a) Learn a new way of relating to Christians from different traditions. (b) Realize that he true ecumenism doesn’t come from courses on ecumenism since it is not simply an intellectual enterprise, although these courses are very important for raising awareness; neither does it come from services organized for special occasions, although this is also fundamental in witnessing to the world. Rather it comes from practical experience in daily life. Ecumenism, therefore, must have some success in people’s relationships. The second challenge is among African Christians who have a strong background of African spirituality. In the recent past, many of the first generation African ecumenical theologians have been encouraged to learn to be humble in the face of the enrichment that African spirituality brings to Christianity. Respect for the African spirituality brings Christianity. Respect for the African spirituality helps to recognize the limitations of a kind of Christianity whose world view is western that has existed in east Africa for a long time. In this book, there has been deliberate attempt to work towards a better understanding of African spirituality.
In the shadows of truth: the polarized family
(Globethics.net International, 2017-09) Kansiime, Elly K.
In the shadows of truth is yet another of Rev. Can. Dr. Elly Kansiime’s interesting books that highlight the insights about family life. In his first book entitled “Integrating Faith with Work” a Ministry Transformational Model, he dealt with how poor work ethics affects Christian societies, families and individuals negatively. In his latest book, Kansiime deals with how families have been polarized due to circumstantial factors affecting parents and children. Families are living in the shadows of the realities. While life seems to be going on normally, behind scenes, there are worse things happening among the children living under the same roof with their parents, knowingly or unknowingly. The realities experienced in families have been overshadowed by the parental absence in the name of work and children’s education and these have resulted into polarizing family life. In this book the author deals with the hidden realities posed by parents who spend most of their time at work and less at home, while the children spend a lot of time at school and later with house workers. In the course of that long period of time of separation, children find intimacy with the school teachers, peers and house workers with whom they stay for longer hours as compared with what they spend with their parents. The parents knowingly or unknowingly have created a lot of space through which their children learn things that will affect them negatively for the rest of their lives. The author therefore attributes most of the negative aspects of life that are experienced in families as a result of the current trends where parents and children are separated by work and school life. These have denied parents to perform their roles and even spare some time with their children as parents. As a result the parental responsibilities have been shifted to teachers and house workers. All that children know and do, come from other most frequent sources than from their parents. He calls them “worlds” in which each world is seen as having an influence on the children. The time the children spend in those worlds is more than the time they spend with their parents, and therefore the impact of influence is greater than of parents. He points out that even when parents are available, they tend to spend their time on T.V, Radio or News Papers and seem not interested in their children’s concerns. Sometimes making children to lose confidence of their parents and suspecting them of non- responsive attitudes towards their concerns. They develop polarized relationships. The advice the author presents is that parents should not assume that their children’s concerns are dealt with at school or by the house keepers without knowing that each world of their experience responds differently against family norms, and imparts different behaviors which later contradict family norms and spill over to the wider communities. He says that despite all these, the parents tend to pretend that their children are free of bad practices and yet the truth is that many things are happening behind “curtains”, not of bricks and fabrics, but of neglect, ignorance and pretense. In that case children are found to live and do things less known and understood by their parents, even when the parents are aware that their children are highly influenced and are behaving badly, instead of helping them they protect them in order to safe guard their own parental position from those who are not happy with their behaviors. On the side the children try to hide away from their parents as if nothing is happening, yet under the same roof and in the schools they trust, many things are happening and when parents discover, it becomes too late to put them right. This book therefore focuses on parental ethical roles. It is a very moving family ethical exposition that will build parents and help them to rethink about what they have been doing without knowing that they were “killing” their families and their children’s future. I would greatly advise and invite parents and those intending to raise families in future to read this moving book with numerous examples that portray real life experience in order to guard against being held responsible for their children’s failures in life. Children also are encouraged to read it in order to be helped to guard against the influences of the “many worlds” at their disposal. It is a book that will help most parents and children to see what has been happening between them and be able to adjust where things have not been going the way they should have been. I do therefore recommend this ethical exposition to families, individuals such as house workers and schools as a tool for responsible parenting.
Essential Approaches to Christian Religious Education: Learning and Teaching in Uganda
(Globethics.net Praxis, 2018) Byaruhanga, Christopher
This book is about the essential approaches to Christian religious education learning and teaching in Uganda. We live at a time of change and experimentation in many spheres, not least in educational methods in the teaching of Christian religious education in secondary schools. Teaching Christian religious education at the lower secondary school level is complex. At its core, good teaching of Christian religious education involves the interweaving of content knowledge, pedagogy skills, and a knowledge and appreciation of the multifaceted nature of students and finally the evaluation skills that help the teacher to arrive at the conclusion that the intended key learning outcomes have been achieved. Personal characteristics too are integral in the overall portrait of a pro-fessional Christian religious education teacher especially for those peo-ple who believe that today there is the paradigm shift between providing instruction and producing learning, between imparting knowledge and facilitating learning.
Project Management: Tools, Techniques and Strategies of Managing
(2018-10) Kyakulumbye, Stephen; Nabacwa, Mary Ssonko; Opio, Peter; Kabanda, Martin; Kyasanku, Godfrey; Olweny, Martha; Sebowa, Efrance; Aryamanya, Ashton; Ahumuza, Vianney
This first edition categorises project management tools and techniques basing on the project management knowledge by PMBOK as emphasised by PMI but contextualised the knowledge dimensions to Africa/Uganda. It also includes some cross-cutting areas which are always left out or underestimated during project planning and design. Such cross-cutting issues have been documented to contribute to project failure or success. In other editions, we shall relate PMBOK areas, IPMA ICBs, PRINCE2, GAPPS among other standards; though pointing out more precursors to project success in developing or transitional nations like Uganda.
Camera, Commerce & Conscience: Afrowood and the Crisis of Purpose
(Greenminds Publishers., 2019) Ojebode, Ayobami; Adegbola, Tunde; Mekonnen, Alemayehu Debebe; Maractho, Emilly Comfort
Every re-interpretation of a work of art is an enrichment of the culture that inspired that work in the first place. The artist of the reinterpretation is truly blessed not only by the initial artist but by the community and the culture called upon to see itself in another light, a new might. It is in this way that Tunde Kelani is blessed and a blessing to Yoruba culture and the Nigerian community. TK's films, unlike other films of Nollywood notoriety, are quintessential victories of the communal art form involving the writer, the film script writer, the actors male and female, the camera men, the grip holder, the make-up artists, the costume makers, the musicians, the post-production crew of editors and voice over contributors, all under the supreme director-creator TK. Any wonder then that the films of Tunde Kelani are such delights to the eyes and the ears of his audience.
Treatise to my Learned Friend, the Attorney at Law
(Marianum Press Ltd, 2020) Lubogo, Isaac Christopher
More often than not the law is usually argued to be a sworn commitment to the asset of absolute ﬁxed ideas within rigidly narrow parameters. The letter of the law is often framed in absolutes, stated in black and white but very often served in shades of gray. We are humans in our weakest moments and perhaps our noblest when we are indeed humans, that is why we tamper with those black and white absolutes with the aid of jurors (obuntu-bulamu system) in order to humanize our judicial system to render the system fair, compassionate, and imperfect. Obuntu-Bulamu is Altruism (regard for and devotion to the interest of others). What it means to be fully human is to strive to live by ideals and not to measure one’s life by what you have attained in terms of your desires, but those small moments of integrity, compassion, rationality, and even self-sacriﬁce; because in the end, the only way we can measure the signiﬁcance of own lives is by valuing the lives of others and whatever law we have should be the one that is willing to give up selﬁsh interest in the welfare of others. In the end, I am because we are and for some reason, I can never be I am what I ought to be until you are what you are meant to be. The best demonstration of Obuntu Bulamu in our daily lives is best captured in the adage, ” a pound of flesh” from William Shakespeare's play, Merchant of Venice. The character, Portia says this line on the instance of Shylock, the Jew, for the payment of Antonios ﬂesh, which is a central point of the play. In Act IV, Scene 1, Portia concludes the conﬂict between Shylock and Antonio, by saying toShylock, "take thy bond, take thou, thy pound of ﬂesh”.
Obuntu-bulamu and the Law: an extra textual aid statutory interpretation tool
(Marianum Press Ltd, 2020) Lubogo, Isaac Christopher
There is a patriotic obligation on all of us not to allow our Constitution and the idea of respect for human rights and dignity to slide into such disrepute.The debate over whether or not Obuntu-bulamu can be translated into a justiciable principle turns not only on the definition one gives to Obuntu-bulamu, but also on how and why Obuntu-bulamu can be considered an ’African’ value. Obuntu-bulamu, or something very close to it, appears in most African languages what remains therefore is the complex ethno-philosophical questions of whether or not Obuntu-bulamu actually represents a key ethical principle or ideal in African philosophy generally. In doing so one should be able to realise, at the very least, that the question of ’what is’ and ’what can’ constitute an ’African’ legal philosophy lies at the very heart of this discussion. A related question therefore becomes what role should this African philosophy, including African political and ethical philosophy; play in the development of a constitutional jurisprudence for Uganda.In this book, I construct an ethical principle that not only grows out of indigenous understandings of Obuntu-bulamu, but is fairly precise and clearly accounts for the importance of individual liberty, and is readily applicable to addressing present-day Uganda as well as other societies. To flesh out these claims, I explain how the Obuntu-bulamu-based moral theory I spell out how it serves as a promising foundation for human rights. Although the word Obuntu-bulamu does not feature explicitly in most Constitutions that were ultimately adopted in some countries, my claim is that a philosophical interpretation of values commonly associated with Obuntu-bulamu can entail and plausibly explain this book construal of human rights. In short, I aim to make good on the assertion made by sound Constitutional jurisprudence that Obuntu-bulamu is the ‘underlying motive of the Bills of Rights.Note that this is a work of jurisprudence, and specifically of normative philosophy, and hence that I do not engage in related but distinct projects that some readers might expect. For one, I am not out to describe the way of life of any particular people. Of course, to make the label Obuntu-bulamu appropriate for the moral theory I construct, it should be informed by pre-colonial African beliefs and practices (since reference to them is part of the sense of the word as used by people in my and the reader’s linguistic community). However, aiming to create an applicable ideal that has an African pedigree and grounds human rights, my ultimate goal in this book is distinct from the empirical viiproject of trying to accurately reflect what a given traditional black people believed about morality something an anthropologist would do. For another, I do not therefore engage in legal analysis, even though I do address some texts prominent in African legal discourse. My goal is not to provide an interpretation of caselaw, but rather to provide a moral theory that a jurist could use to interpret caselaw, among other things.I begin by summarizing the Obuntu-bulamu-based moral theory that is developed elsewhere and then articulate its companion conception of human dignity. Next, I invoke this concept of human dignity to account for the nature and value of human rights of the sort characteristic required as a sound Ugandan constitution. I apply the moral theory to some human rights controversies presently facing Uganda (and other countries as well), specifically those regarding suitable approaches to dealing with compensation for claims, and sound policies governing the use of deadly force by the government. My aim is not to present conclusive ways to resolve these contentious disputes, but rather to illustrate how the main objections to grounding a public morality on Obuntu-bulamu, regarding vagueness, collectivism and anachronism, have been rebutted, something I highlight in the conclusion.As with any other system, the Obuntu-bulamu philosophy and the African socio-cultural framework present some challenges. Most of the challenges that are reviewed are based on my experience and my own observation as part of the African community. The findings of others who have researched this and related questions are also referred to accordingly.
History of Busoga
(Marianum Press Ltd, 2020) Lubogo, Yekoniya Kaira; Eastern Province (Bantu Language) Literature Committee, Jinja — Uganda; Lubogo, Isaac Christopher
Ever since Busoga came into existence, none of its histories has been written down although it can be proved that most of this history is true. This history was known to every musoga, having been handed down to successive generations until the coming of Europeans such as Speke, the ﬁrst White man to see the Source of the Nile in 1862. This discovery attracted more and more Europeans, whose coming effected the disappearance of the old order. Our history was handed down the generations through a continuous chain-like process. It could just not be forgotten since, through all the ages, men and women would talk together about the various historical events in the hearing of the young generation. Further, narrating these historical events would be done during communal activities such as beer parties, games, or during all sorts of social functions, or during the ceremonies held in honour of the gods. No problem would be solved, nor any dispute settled, without reference to the past events in order to justify the solution or settlement. On such occasions, when reference was made to past events, children had the opportunity to hear and learn these things. Needless to say, the elders also had the opportunity to remind themselves of these things. There were no special historians among these people; everyone amongst them was a historian and whatever facts he remembered, would be either agreed to by his colleagues or rejected. After much dispute and explanation, they would all agree to one thing. We believe that the history of this country was preserved in this way, and as historians, we must rely on this verbal history whenever we wish to write about any particular historical event. There are two types of clans in Busoga. The ﬁrst type is the ruling clans which established themselves in their present locations at the time when Busoga was just coming into existence. Such clans were independent and each was a small enclave of only 10 - 20 square miles, each of them jealously guarded their independence. Each clan had a ruling family, with its sons and daughters regarded as princes and princesses, just like any other ruling family in a big kingdom. This is why we say that these families were like real Kabakas (kingships), as you will see later in this book. The second type of clans was that with no power over any part of the country. These clans lived under the rule of the ruling clans, from whom they got their land on which they settled. Later on, this land became theirs permanently. The clans provided servants, ﬁghters, courtiers, wives, and labourers of all types. When these married any member of the ﬁrst type of clan, the children were not regarded as princes or princesses.
Cyber Law in Uganda
(Jescho Publishing House, 2020) Lubogo, Isaac Christopher
Cyber law is the law governing the internet and all digital transactions carried out thereon. Cyber law is indeed one of the novel areas of the legal system. This is because internet technology develops at such a rapid pace. Cyber law provides legal protections to people using the internet. This includes both businesses and everyday citizens. Understanding cyber law is of the utmost importance to anyone who uses the internet. Cyber Law has also been referred to as the "law of the internet.
Theology of Work and Development: The Theological and Ecological Responsibility of the Church in Sustainable Development
(globalethics.net, 2020) Kansiime, Elly
This piece of work focuses on the role of the church in sustainable development. The church is a major player because of the big numbers that constitute her institution. She has an everyday opportunity, and over binding responsibility to fulfill her ministry mandate. The church is one of the front line players in development, and her place is vital because she is supposed to engage a holistic role in development, more than any other player does. The author looks at development from a divine perspective, and expects all developers, to integrate the biblical teaching so that it can make meaning theologically and ecologically to sustain holistic development.
The Law of Oil and Gas in Uganda
(Jescho Publishing House, 2021) Lubogo, Isaac Christopher
The 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.
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.
Demystifying the Order From Above: Uganda Versus the Attorney General, When the Forces Exceed Their Constitutional Mandate
(Jescho Publishing House, 2021) Lubogo, Isaac Christopher
The 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.
The Law of Forensics: A Proof Beyond the Shadow of Doubt
(Jescho Publishing House, 2021) Lubogo, Isaac Christopher
This 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.
Intelligent Design and the African Ontological and Epistemological Aesthetics: A Legal Philosophical Discourse
(Jescho Publishing House, 2021) Lubogo, Isaac Christopher
This book introduces the controversy over intelligent Design; introducing some closely related views, such as creationism, theistic evolutionism and naturalistic evolutionism. It deals with the relationship of African jurisprudence and the natural sciences as a complex and controversial issue, it introduces many basic concepts used in the African context and African science discussion, and shows how my own approach of the intelligent design debate builds on these. It analyses the basic ideas and logic of design arguments, as well as setting the stage for further analysis and explores the philosophical and Africanised questions raised by the previous authors, with particular focus ion analysing critiques of “designer of the gaps” and “naturalism of the gaps arguments.” It focuses further on the intensions between ID and African theistic evolutionism and further analyses the discussion surrounding the problem of natural evil and design arguments it summarizes the philosophical basis of the fine-tuning argument or the problem of natural evil. However, my purpose is into to provide the deepest analysis of fine-tuning or the problem of natural evil to date, but rather to provide an analysis of the intelligent design movement’s particular design arguments and the structure of thought which underlies them in the African way. For this purpose, it is necessary to examine this design argument from a variety of angles, this will make it impossible to see anew connections and intensions that have into been clear in previous researchers. Furthermore, since the issues are linked advancing the discussion requires understanding all of the central issues surrounding design arguments. The breadth of this book is also necessary to demonstrate how philosophical and African innate ideas influence the discussion and what their role is in relation to the empirical arguments. based on my analysis of the arguments used in this book, I have reached the overarching conclusion that there is no philosophical or Africanized jurisprudential silver bullet that could by itself settle the discussion either for or against ID’s design arguments, though philosophical and Africanized reasons can and do influence our beliefs regarding the history of life, evolution and design, such considerations cannot allow us to wholly bypass discussion of the empirical evidence. Opinions about the designedness (and undesignedness) of the cosmos are in practice formed in a complex interplay of many influences, including empirical, philosophical, theological and psychological factors, among others. (The theological and philosophical side of Intelligent Design is also very important for the movement itself, even though this side of the movement is not mentioned in the CSC’s definition. It is possible that the omission is made for the strategic reason that emphasizing the theological side of ID’s project could make it more difficult to get a hearing for ID’s empirical arguments in the secular media and public schools.) The discussion ion ID often impinges on fundamental theological and philosophical questions regarding the relationship of science and religion, the ultimate character of reality and how beliefs are justified. There are many interesting philosophical issues to analyse in design arguments, and the argument’s logical structure needs to be clarified. The evaluation of the current state of natural science is not necessary for this kind of philosophical work, Philosophical and theological differences strongly influence the different views about the rationality of design arguments, and not acknowledging their important role on all sides would lead to a misleading representation of the debate.
The Executive Constitutional Mandate: Demystifying the Fountain of Honor; Presidential Powers Over reach in Uganda
(Jescho Publishing House, 2021) Lubogo, Isaac Christopher
The 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.
Freedom Through Law
(Jescho Publishing House, 2021-08-16) 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 DOGMA

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