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NOTES

Farrar J.H, (1977) Introduction to legal method, sweet and Maxwell limited

, London.

Oxford Advanced learners dictionary, (1989), 8th edition, oxford university

press.

Jacqueline Martin (N), (2007), The English legal system 15th.

Mermin Samuel, (1978), law and legal system, 2th edition

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The definition of socials control it can be found by chunking the definition

of the two words and combining to found a single meaning. The word social

means the community in general, and the world control is a word which

means to make something exist or operate in a certain way by regulating

certain conduct/system, therefore social control can be referred as process

of regulating behavior or certain conduct in a society or social control are

things which regulates social behavior such as moral, ethics, religions

teaching customs and organizational rules

Morals, it basically deals with wrong and right in particular society also

bad and good and basically they originated in religion, involve attitude and

standard within your society,

Customs, generally this are accepted and long established ways of

behavior or ways of doing things it originate for habit.

Ethics refer to some theoretical norms that are supposed to guide people,

also organization rules, which pattern to a certain organization

Law is body of rules whether proceeding from former enactment or

customer, which a particular state or community recognize as binding on

its members or subject or law is a rule of human conduct imposed and

enforce by the state the law is by no means the only method for controlling

the behavior of deviant individuals but there some uniqueness which

differentiate law and other social control.

The main different between awl and other social control is normatively of

the law the wood normative is derived from the Latin word Norma which

literally means a carpenters measuring instruments, and the term norm is

used hereto express the notion of a social standard is applied this meant

that law differ with other social control in the sense that it have standard

in the sense of system and processes that is why although there is a

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criminal law also there is criminal law procedures to put some standards to

function in different situation in shaping human behavior or conduct.

Law is passed (enacted) by the government (legislative body). As article

64(1) and (2) which state that legislative power in relation to all union

matters and also in relation to all other matters concerning mainland

Tanzania is hereby vested in parliament therefore this parliament is a

special body to enact law but this is very different from other social control

mechanisms like morals and ethics which have no bodies for enactment

but come from observation and experience.

Law can not go beyond human reality physical world but other social

control can go beyond human reality that is metaphysical world. Referring

the case ofEria Galikuwa V R when the court held that

A belief in witchcraft did not constitute a circumstance of

excuse of mitigation for killing a person believed to be a wizard

or witch..

This shows that law is no entertained in supernatural but many other

social control mechanism such as moral, customs and religion are

supernatural for example in Sukuma tribe, when a woman make a unlawful

live relationship when she is pregnant the child will be killed y gods. Also

in religion they believe that there is an angel who notes somebody sins

each day, waiting for the judgment day something which is mythical.

Law have agencies for implementation by agencies I mean the judicial,

legislative, executive and administrative agencies that carry out the official

business of laws, and the public consider first the nature of the judicial

agency that is to say that judicial, interprets law legislative makers law and

executive executives or enforce them, and they work separately referring

article 4 which establishes three organs of the state.

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The law use technique/method in controlling social behavior which is

contrary to other social control. Professors Robert S. Summers, a leading

American jurist had identified almost 7 techniques used in modern law,

which are penal technique, regulatory technique conferral of social

technique, fiscal technique, private arranging technique, remedial

technique. But other social control mechanism lacks method and

techniques on how to handle different dispute arising from different

situation.

Law works in the country and all people in particular state are bound to

it, this is by referring to ART.26(1) of the united republic of Tanzania

constitution, which describe that every person has duty to observe and

abide by this constitution and the laws of the united republic but in other

social control mechanism, the work only and particle in a group in the

country for example lawyers ethics does not bound teachers and the verse

visor also Sukumas custom does not bound chagas, the same also in

religion Muslim and Christian. Also at the preamble it shows that law

enacted is for all citizens but not in other socials control mechanism..

Therefore law can be termed a superior social control mechanism,

because all other socials control mechanism they posses power form the

law, and no any social control mechanism is allowed to go against the law

of the state.