APQ - APPON PHILOSOPHICAL QUARTERLY

t When people of two opposite ideas are in the same room, disputes are unavoidable. Every human being is a unique person because each person is fundamentally different; and it is in this difference that the beauty of humanity lies. Yet, these differences are the root of every dispute. The conjectures by philosophers about the state of nature are to portray this fundamental difference and its consequences if left uncontrolled. It is the quest to put it in check by means of law that ultimately led to the emergence of civil societies. But certainly not every dispute has a negative consequence. As a matter of fact, disputes are necessary for the growth of society as differing views on a subject matter ultimately allow people to look at things from different perspectives. Meanwhile, if parties are left alone without any restrictions, they might end up hurting each other – a situation described as anarchy by origin of state theorists. Thus, effective dispute resolution requires the existence of a third party with greater authority. The aim of this paper is to unravel that in modern democratic society, the judiciary has played the role of this third party. It forms one of the three most essential organs of government. It provides a platform for parties to raise their concerns and argue in a civilized manner, after which it makes decisions based on justice, equity, and good conscience. The research posits that dispute resolution is not the only function of the judiciary. Being one of the most essential organs of the state, it has powers and functions that go beyond just resolving disputes. Employing the analytic research method, this paper examines the roles of the judiciary in the formation and sustenance of a civilized society using Nigeria as a case study.

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