Living Fairly
Senior 6 · English (Languages)
Living Fairly
Lesson 2 of 4
35 min
Let's begin
Lesson 1 asked what fairness means in a queue. This lesson asks what it means in a courtroom. You will take notes on a short public lecture about equality before the law, using a mind map this time, and then learn to write a problem–solution essay, the form in which policy-makers, mediators and examiners expect a conflict and its remedies to be argued.
A lecture written for this lesson; the speaker is imagined, and the legal texts quoted are real. One student reads it aloud while the others make a mind map.
Good evening. Tonight I want to unpack four words that appear in almost every constitution in the world: equal before the law. Article 15 of the Constitution of Rwanda says: "All human beings are equal before the law. They enjoy equal protection of the law." The Universal Declaration of Human Rights, in its Article 7, puts it this way: "All are equal before the law and are entitled without any discrimination to equal protection of the law." What do these words actually require? I'll suggest four things.
First, nobody is above the law. The same rules bind the minister and the market trader, the rich and the poor. If a powerful person can break the law without consequence, the law is not a law; it is a weapon.
Second, equal protection. The law must protect everyone's rights in the same way. A court may not give a lighter sentence because of someone's family, or refuse to hear a case because of someone's ethnicity, sex, religion or wealth. Article 16 of our Constitution lists these grounds and forbids discrimination on them.
Third, and this is where theory meets the real world, equal access. A right you cannot use is a right on paper only. If a farmer cannot afford a lawyer, does not understand the language of the court, or lives a day's journey from it, then the law that is equal in theory is unequal in practice. That is why legal aid exists, why courts provide interpreters, and why Rwanda has Access to Justice Bureaus, known by their French initials as MAJ, in its districts.
Which brings me to my fourth point, and a famous piece of irony. In 1894 the French novelist Anatole France wrote that the law, "in its majestic equality, forbids rich and poor alike to sleep under bridges, to beg in the streets, and to steal bread". The law applies to everyone; but only the poor are likely to need to do those things. Lawyers call this the difference between formal equality, the same rule for all, and substantive equality, rules that work fairly for all in practice.
So, to sum up: no one above the law; equal protection; equal access; and a constant check that formal equality is producing real equality. Thank you.
Definition
Key terms
A lecture with numbered points suits a mind map: the topic in the centre, one branch per point, a few key words on each. Compare yours with this one.
Discussion. Which of the four points is hardest to achieve in a country with many rural communities? Suggest one practical step for it.
Task. "Land boundary disputes between neighbours are common in many communities. Explain the causes of the problem and propose ways of resolving such disputes fairly." (450 to 550 words)
The linguist Michael Hoey showed that many texts follow a four-part pattern: Situation → Problem → Solution → Evaluation. If the evaluation finds a solution wanting, the pattern loops back: a new problem, a new solution.
| Part | What it does | In the boundary essay |
|---|---|---|
| Situation | Gives the background | Land is precious and plots are small; boundaries often follow hedges, trees or memory. |
| Problem | States what is wrong and why it matters | When a tree falls or an elder dies, the line is disputed; neighbours stop speaking, and cases can last years. |
| Solution(s) | Proposes responses, each explained | (1) Mediation by Abunzi before court. (2) Registered, surveyed boundaries with fixed markers. (3) Community meetings to record agreed lines. |
| Evaluation | Weighs each solution: cost, fairness, limits | Mediation is fast and keeps relations, but needs both parties' good faith; surveys are certain but cost money. |
| Purpose | Expressions |
|---|---|
| Stating a problem | A serious difficulty is …; This gives rise to …; The root of the problem lies in … |
| Proposing | One solution would be to …; A more effective approach might be …; Authorities could consider … |
| Explaining how | This could be achieved by …; In practice, this would mean … |
| Evaluating | The main advantage of this is …; However, it would only work if …; A drawback is that … |
| Concluding | On balance, the most promising approach is …, provided that … |
Worked example
A model solution-and-evaluation paragraph
"One solution would be to take boundary disputes first to mediation by the Abunzi, who know the community and serve without payment. In practice, this would mean that both neighbours tell their story, the mediators visit the land, and any agreement is written down and signed. The main advantage of this is speed: a dispute can be settled in weeks rather than years, and the neighbours remain neighbours. However, it would only work if both sides accept the process in good faith; where one party is far more powerful, mediation can simply confirm the stronger side's claim, which is why the right to appeal matters."
Notice the moves: proposal, mechanism, advantage, limitation with a condition. An evaluation that only praises is not an evaluation.
Warning
Practice
Sources and credits
