FACULTY OF LAW

BACHELOR OF LAWS PROGRAMME

LLB 115 LAW AND DEVELOPMENT

MULTIPLE CHOICE QUESTIONS AND ESSAY QUESTIONS

WEEK 1: THE ORIGINS OF LAW AND LEGAL ORDER

1. He wrote in 1651 to the effect that, “in the nature if man we find three principal
causes of quarrel: 1) competition, which makes men invade for gain; (2) diffidence,
for safety; and, (3) glory, for reputation.” This is the state of nature which is a state
of war. Therefore, it became necessary for a common power to oversee the actions
of all men. This situation made a sovereign power necessary to give command, law
and order.

Whose initial concepts were these on the cause for the state, law and order?

A. John Locke

B. John Jacques Rousseau

C. Thomas Hobbes

D. Napoleon Bonaparte

2. John Locke wrote that:

A. The law is a command that is meant to be clear and unbiased

B. Law is fundamentally private and is based on incentives

C. Law is a told for protection of fundamental human rights

D. None of these

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3. Jean Jacques Rousseau wrote that what ought to be the aim of every system of
legislation is summed up in two principal objects:

A. Defence and Culture

B. Economy and Politics

C. Liberty and Equality

D. Religion and Science

4. is a philosophy of law proposing that if a law has been

promulgated by the sovereign authority, it is sufficient in itself to confirm its
validity. A repressive law is still a law independent of whether it is “right”, “fair” or
“desirable” by the subject people. That the law is unfair or unjust based upon
moral or ethical arguments is not material to the consideration of its inherent
validity.

A. Natural Law Theory

B. Legal Realism and Sociological Approach

C. Legal Matrix

D. Legal Positivism

5. Critical Legal Studies Approach notes, that:

A. Law is given by nature, is based on morality and is impartial

B. Law has a contradictory character, is not neutral, and it legitimatises both the just
and unjust.

C. Law is fundamentally private and is based on incentives

D. Law is a tool for protection of fundamental human rights.

ESSAY QUESTION FOR WEEK 1

Explain Rousseau’s concept of the Social Contract, and clearly point out the different
ways in which the state in the developing countries of Sub-Saharan Africa breaches the
Social Contract in light of socio-economic development.

WEEK 2: THE NATURE OF LAW AND FACTORS LIMITING LAW

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1. The functions of law do not include:

A. Regulate the conduct of individuals and groups

B. Guide and control state institutions

C. Enable money laundering

D. Give incentives to private persons and business enterprises.

2. is one of the processes affecting law:

A. Reception and interpretation of law by civil society

B. Support of a football club

C. Self-help project of local residents

D. Swimming every Sunday by club members

3. is not a process affecting law:

A. Law-making by Parliament and other institutions

B. Transmission of law to civil society

C. Implementation of the law

D. Transmission of aid to an accident victim

4. The legal factors undermining law include :

A. Lack of trained legal officers to transmit the law and carry out legal awareness
campaigns

B. Lack of transportation, stationery and allowances for field legal officials

C. Gaps in the law, ambiguous legal rules and the contradictory provisions
within the legal rules

D. Political orders directing officers not to apply the law

5. is not one of the non-legal factors constraining law:

A. Lack of financial resources for institutions to implement the law

B. Lack of human resource (man power) to implement the law

C. Enactment of a law with inherent defects and improprieties

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 D. Lack of awareness of the law or misinterpretation of ambiguous legal provisions
by civil society
Essay question for Week 2
Briefly explain the ways in which law gets undermined by each of these processes
affecting it in the different arenas:

(i) Law-making

(ii) Transmission of law to the populace and the institution (civil society)

(iii) Reception and interpretation of the law by civil society

(iv)Enforcement/implementation of the law

WEEK 3: CONCEPT OF THE STATE

1. This is not one of the key elements of a state:

A. Population

B. Government

C. Waterbodies

D. Territory

2. A group of people that governs and controls the state at a given time; which also, is
an agent of the state, and formulates the will of the state into policy and laws as well
as implement policy and laws of the state, is called:

A. Nation

B. State

C. Government

D. Tribunal

3. This is not one of the functions of the state:

A. Source of legal resources

B. Source of economic resources

C. Source of political resources

D. Source of matrimonial counselling

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4. John Locke (1932-1704) referred to state and civil society, thus:

A. The state of nature is the same as the state of civil society

B. Civil society is equated to political society

C. There is discipline, law and order in a state of nature

D. Civil society is a means to establish indiscipline and disorder

5. The need of the associated human beings (society) for political organization is
fulfilled by the state, when it subjects them to binding laws and decisions to provide
for order and security, and common services:

A. False

B. True
Essay question for Week 3
Explain the respective ideas of John Locke and Jean Jacques Rousseau on the Social
Contract and the rise of the state of civil society in replacement of the State of Nature.

WEEK 4: DEFINITIONS OF DEVELOPMENT AND UNDERDEVELOPMENT

1. Development can be understood both as a state or static condition, and as a process
or course of change-dynamic:

A. False

B. True

2. Paul Boran referred to Development as:

A. Weekly growth measured by GDP and GNP

B. Prevalence of human rights and freedoms

C. A far-reaching transformation of society’s economic, social and political

structure, of the dominant organization of production, distribution and
consumption

D. Ideology rhetoric

3. said that development in concerned with improving the freedoms

and capabilities of the disadvantaged, thereby enhancing the overall quality of life:

A. Amartya Sen

B. Dudley Seers

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 C. Walter Rodney

D. Sid Israel

4. Michael Todaro stated that “Development is a process of improving the quality of

all human lives with three equally important aspects that include ”:

A. Capital flight

B. Life sustaining goods and services

C. Low incomes

D. No freedom to make economic and social choices

5. is not one of the descriptions of Underdevelopment:

A. Technical backwards and backward techniques of production

B. Low productivity of labour

C. High incidence of poverty

D. Economic equality and high rate of capital formation and capital efficiency
Essay question for Week 4
Choose any two (2) definitional concepts of development you consider as the most
suitable forms of development to pursue by any country of Sub-Saharan Africa, giving
justification therefore.

WEEK 5: THE STATE AND LAW IN THE DEVELOPMENT PROCESS

1. Which of these is true:

A. The state does not exist in and through law

B. The character of the state and of the regime of political power, have direct
bearings on the character of the law and its effectivity

C. When state structures and processes are negative, the law effectively serve its role
as an instrument of development

D. It is only Parliament that initiates and makes all laws operating in a country

2. can initiate the making of regulations (statutory instruments) for

the guidance, incentives, control and regulation of given aspects in different
spheres, with goals to achieve development:

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 A. School Director

B. Company Board Chairperson

C. Clerk to the Parliament

D. A Cabinet Minister

3. State Ministries, Departments and Agencies (MDAs) as well as local governments,

constitute the institutions through which the state machinery plans and executes the
development policies.

A. True

B. False

4. is an example of a state-based non-legal factor limiting law in the

development process.

A. A gap in the legal rules, failing the law to address a critical issue

B. Complicated rules

C. Rules not promoting equality

D. State’s lack of financial and human resources for logistical supports to

facilitate the law making and legal implementing institutions

5. According to Yong-Shik Lee, law may be effective if it does not conform to the
socio-economic conditions on the ground. The socio-economic conditions he refers
to do not include: religious norms, social conditions political conditions, economic
conditions, and cultural conditions.

A. False

B. True

Essay question for Week 5

In the context of any East African country, discuss state capacity as related to law and
development by Yong-Shik Lee in “General Theory of Law and Development,” (Cornell
International Law Journal, Vol.50, No.3, 2017, at pages 451-4);
https://www.lawschool.cornell.edu>

WEEK 7: THEORIES, MODELS AND DIMENSIONS OF DEVELOPMENT

1. The Modernization Theories emphasise:

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 A. Growth of traditional economies by strictly adopting Western values in order to
become modern like North America and Western Europe
B. Transforming systems of Third World countries' dependence on the developed
capitalist countries

C. Trade barriers

D. None of these

2. The Dependency Theory emphasises:

A. That peripheral countries will only develop if their relationships with the
centre/core countries are strengthened

B. That Western industrial capitalist countries are so beneficial to Third World

economies

C. That indigenous economic and social development in Third World social

formations must be fundamentally based upon the removal of Western industrial
capitalist penetration and dominance

D. None of these

3. pronounced the five-stage economic growth model:

A. Micheal Tobaro

B. Walter Rodney

C. Max Webber

D. Walt Rostow

4. Both the Globalisation Theory and Modernisation Theory consider that the main
direction of development should be that which was undertaken by the United States
and Western Europe:

A. False

B. True

5. The dimension of development which considers the long term perspectives of the
socio-economic system, to ensure that improvements occurring in the short term
will not be detrimental to the future status or development potential of the system,
is categorised as:

A. Economic development

B. Human development

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 C. Sustainable development

D. Territorial development
Essay question for Week 7
Make a critical evaluation of the globalisation theory in light of the socio-economies f
Sub-Saharan Africa.

WEEK 8: THE POST-COLONIAL AFRICAN STATE & LIMITATIONS ON LAW

AND DEVELOPMENT
1. The character of the state that is imprinted on it by the historical events and
processes, and the on-going interrelationships, bears on the nature of legal content,
legal transmission to civil society, legal implementation and, thus, on development:

A. False

B. True

2. The quality and instrumentality of law to induce development are drastically

undermined by:

A. The characteristic peculiar to African countries, of incompetence of

personnel in state institutions and systemic corruption of the state
bureaucrats and political officials, all which constrain legal implementation

B. Effective Parliamentary passing of the laws that address the socio-economic

conditions and needs of the majority in civil society

C. Many legal officers carrying out legal awareness campaigns

D. Big budgets and capacitation of state institutions

3. How does patronage and neo-patrimonialism affect law and development:

A. It promotes effective legal implementation by well-founded and supervised
institutions

B. It undermines institution-building and institutionalism, and the emphasis of

personal rule prevents development

C. It promotes high capital development, competitive production upon formal

principles, and thus effective use of the law for development

D. None of these

4. The phrase that the African post-colonial state “lacks infrastructural power,”
means:

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 A. It lacks roads

B. It has destroyed roads and buildings

C. It lacks power dams

D. It lacks the capacity actually to penetrate civil society and to implement

logistically political decisions throughout the realm

5. mainly explains the constraining character of the industrial state

by which law and development also get undermined:

A. High birth rate and huge population

B. The high ratio of the youth as against the adults

C. The historical events and processes in which the African countries were
colonised, and the economic, social and political legacies of colonialism that
imply continued neo-colonialism and subjugation of the post-colonial socio-
economies under international finance capital

D. None of these
Essay question for Week 8
With illustrative examples, explain the various ways in which particular aspects of law
can be (are) undermined by particular aspects of the character of an African post-
colonial state in a manner inimical to development.

WEEK 9: GLOBALIZATION & LAW AND DEVELOPMENT IN SUB-SAHARAN

AFRICA
1. Globalisation does not at all benefit socio-economies of Sub-Saharan Africa:

A. True

B. False

2. Globalisation emphasises:

A. International legal restrictions

B. Trade and tariff barriers

C. Expansion of global linkages, economic integration and economic

interdependence among nations of the world economy

D. None of these

3. The globalisation concept is that:

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 A. There will be no cultural linkages across nations

B. Nations should strictly pursue their independent economic, political, social,

ecological and cultural agendas

C. Localism and non-interference in internal affairs of a country

D. Worldwide integrations will increase the possibility that the dominant and
non-dominant groups from each nation will inevitably reap advantages from
this stage of international capital expansion, called globalisation.

4. Globalization of law is:

A. Worldwide progression of transnational legal structures in which there are more
and more in roads in national laws, reinterpretations of law, and adaptation to and
adoptions of standard international practices by nations
B. Universal law applying to all countries in the world
C. Registering the national law in a register of the United Nations
D. None of these
5. This aspect associated with globalisation is inimical to development in Sub-Saharan
Africa
A. Opportunity for knowledge and science-based
B. Generational surge: Africa’s demographic dividend of the youth, constituting a
high percentage of the high tech-savvy population
C. Direct foreign investments are too exploitative to local economies
D. Too many mobile digital devices

Essay question for Week 9

Discuss the statement that, “the fourth wave of globalisation, dubbed Globalization 4.0
presents Africa with a unique opportunity to position itself as a knowledge and science-
driven economy”.

WEEK 10: THE LAW AND DEVELOPMENT BEST PRACTICES (IDEALS)

1. What is a developmental state?

A. The one similar to the American-led capitalist economies

B. The one having communist economic ideas of the former Soviet Union

C. The one whose legitimacy is anchored in the pursuit and achievement of

development through intentional state policies that produce high growth and
structural transformations for citizens’ welfare

D. The ones similar to the East African countries

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2. The “Four Asian Tigers” that successfully utilised the developmental state to
exhibit development best practices, by their economies being the world’s most
productive and profitable, are:

A. Vietnam, Japan, Malaysia, and Turkey

B. Hong Kong, Taiwan, Singapore, and South Korea

C. China, India, Australia, and Russia

D. Taiwan, Japan, Malaysia and India

3. is not a necessary development tool:

A. Good political leadership/governmentality

B. Law

C. Little or backward technological capacity and facilities

D. Financial resource reserves of the state

4. is the most critical development tool because it causes

organization and the steering of all processes:

A. Law

B. Financial resource reserves of the state

C. Social infrastructure

D. Good political leadership/ governmentality

5. The desirable development achievements particularly include the necessary

development tools themselves and the UN sponsored Sustainable Development
Goals (SDGs) [2015-2030]:

A. False

B. True

Essay question for Week 10

Discuss the statement that, “it does not appear that the political and institutional
characteristics of the typical African state can be developmental in the manner of the
East Asian developmental states”.

WEEK 11: HISTORICAL STATE APPROACHES TO DEVELOPMENT IN UGANDA

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1. The Constitution of Uganda, 1995 provides that: “Parliament shall have power to
make laws on any matter for the peace, order, development and good governance of
Uganda.” Which Article of the Constitution consists this provision?

A. 20 (2)

B. 21 (1)

C. 79 (1)

D. 50(3)

2. Under Article the United Nations Charter provides that: “the United
Nations shall promote a higher standard of living, full employment, and conditions of
economic and social progress and development.” It further states that: “All members
[including Uganda] pledge themselves to take joint and separate action in co-
operation with the Organization for the achievement of the purposes set in [that
Article above].” State the Article of the UN Charter:

A. Article 61(1)

B. Article 66(2)

C. Article 43(1)

D. Article 55(a)

3. State the number of the UN sponsored Millennium Development Goals (MDGs)

2015 and the Sustainable Development Goals (SDGs) 2015-2030, respectively:

A. 8 and 17

B. 12 and 15

C. 17 and 10

D. 6 and 20

4. Which of the following laws was aimed at enabling the state to invest in economic
undertakings?

A. The Busuulu and Envujjo Law, 1928

B. The Public Lands Act, 1969

C. The Uganda Development Cooperation Act, 1952

D. All of the above

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5. Laws passed during the neo-liberal period (1980-2000) were aimed at:

A. Promote foreign investment in Uganda

B. Get the state to withdraw from economic activity

C. Strengthen the private sector

D. All of the above

Essay question for Week 11

Consider at least two main laws directly concerning development in the period 1962 to
2000, and highlight the legal, economic, social and political factors that constrained
development in the said period in Uganda.

WEEK12: LAW AND DEVELOPMENT PRACTICES IN UGANDA

1. The state agencies concerned with aspects of development in Uganda do not
include:

A. The National Planning Authority

B. Palm Oil Development Authority

C. The Uganda Revenue Authority

D. The Uganda Investment Authority

2. Which state agency has this as its vision: “…will be the leading agent for the
industrial and economic transformation of Uganda; both on its own and in
partnership with the private sector”?

A. Operation Wealth Creation

B. The Uganda Industrial Research Institute

C. The Uganda Investment Authority

D. Uganda Development Corporation

3. Which organisation has this as its Mission: “Improvement of household incomes for
poverty eradication, wealth creation and overall prosperity of Ugandans through
facilitation of sustainable commercial agricultural production”?

A. Uganda Development Corporation

B. Operation Wealth Creation

C. The Uganda Investment Authority

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 D. The Uganda Industrial Research Institute

4. The Third National Development Plan (NDPIII) 202/21-2024/25 has this as its
vision:

A. To increase average household incomes and improve the quality of life of

Ugandans

B. Sustainable industrialisation for inclusive growth, employment and sustainable

wealth creation

C. A transformed Ugandan society from a peasant to a modern and prosperous

country within 30 years

D. None of these.

5. The objectives of the National Oil and Gas Policy and those of the Renewable
Energy Policy are the same:

A. False

B. True

Essay question for Week 12

Consider the eight (8) challenges cited below in the Uganda National Local Economic
Development Policy (Uganda National LED Policy) and write a commentary highlighting
the political, economic and social factors giving rise to at least two (2) of the listed
challenges of your choice.

Uganda National LED Policy, 2014, Page 5 :

"In spite of the government's efforts to promote economic development and reduce
poverty, the country still continues to face challenges in sustaining economic growth and
development. These include:
a) Lack of policy and institutional framework for a coherent and comprehensive
LED Strategy:

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b) Lack of coordination between nation, sectoral and locality based approaches;
c) Poor state of infrastructure, especially transport, communications and energy
infrastructure, which limits business development in both rural and urban areas;
d) Uganda is still an economy dominated by subsistence- based rural economic
activities; and
e) The absence of a common understanding of what LED means and the respective
roles of the different economic actors;
f) The lack of capacity at local level reflected in the failure to provide adequate
infrastructure and services to facilitate local economic activity:
g) Limited involvement of the private sector and communities in existing public
participation mechanisms: and
h) Lack of constructive and effective dialogue among stakeholders on common
economic challenges, marred by ineffective mechanisms for the private sector
and community to fully participate in the planning process, especially at the local
government level."

END

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