Tracing the History of the Legal System in India

2019 ◽  
pp. 1-22
Author(s):  
Mahendra Pal Singh ◽  
Niraj Kumar
Keyword(s):  
Legal System ◽  
Legal History ◽  
Common Law ◽  
Legal Systems ◽  
Legal Tradition ◽  
Medieval Period ◽  
British Raj ◽  
Legal Traditions ◽  
History Of ◽  
The Law

Examination of Indian legal history illustrates the presence of multiple legal orders that coexisted in India through the ages. Moreover, certain ‘modern’ conceptions of law were present in similar forms in India before the medieval period, contrary to Western assumptions. Largely ignoring these legal traditions, the British attempted to re-give law and legal systems to the Indians. This was part of the larger project of ideologically justifying the presence of the British Raj in India. The British used India’s extant legal diversity to argue for the lack of a dominant legal tradition, leading to the introduction of British common law as the law of the land.

scholarly journals PERBANDINGAN SISTEM HUKUM COMMON LAW, CIVIL LAW DAN ISLAMIC LAW DALAM PERSPEKTIF SEJARAH DAN KARAKTERISTIK BERPIKIR

2018 ◽  
Vol 25 (1) ◽  
pp. 98
Author(s):  
Farihan Aulia ◽  
Sholahuddin Al-Fatih
Keyword(s):  
Legal System ◽  
Legal History ◽  
Islamic Law ◽  
Common Law ◽  
Legal Systems ◽  
Legal Tradition ◽  
History Of ◽  
Legal Thinking ◽  
Anglo American ◽  
The Comparative Study

The legal system or commonly referred to as the legal tradition, has a wealth of scientific treasures that can be examined in more depth through a holistic and comprehensive comparative process. Exactly, the comparison of the legal system must accommodate at least three legal systems that are widely used by countries in the world today. The three legal systems are the Continental European legal system, Anglo American and Islamic Law. The comparative study of the three types of legal systems found that the history of the Continental European legal system is divided into 6 phases, while Anglo American legal history began in the feudalistic era of England until it developed into America and continues to be studied until now. Meanwhile, the history of Islamic law is divided into 5 phases, starting from the Phase of the Prophet Muhammad to the Resurrection Phase (19th century until nowadays). In addition to history, the authors find that the Continental European legal system has the characteristic of anti-formalism thinking, while the Anglo American legal thinking characteristic tends to be formalism and is based on a relatively primitive mindset. While the thinking character of Islamic Law is much influenced by the thought of the fuqoha (fiqh experts) in determining the law to solve a problem, so relatively dynamic and moderate.

Towards a Transsystemic Study of the Ghana Legal System

2017 ◽  
Vol 6 (1) ◽  
pp. 25-50
Author(s):  
Poku Adusei
Keyword(s):  
Legal System ◽  
Academic Discipline ◽  
Common Law ◽  
Civil Law ◽  
Cross Cultural ◽  
Legal Tradition ◽  
Legal Traditions ◽  
The Law ◽  
Cultural Dialogue

This article provides comprehensive insights into the study of the Ghana legal system as an academic discipline in the law faculties in Ghana. It urges the view that the study of the Ghana legal system, as an academic discipline, should be transsystemic. Transsystemic pedagogy consists in the introduction of ideas, structures and principles which may be drawn from different legal traditions such as civil law, common law, religion-based law, African law and socialist law traditions to influence the study of law. Transsystemia involves teaching law ‘across,’ ‘through,’ and ‘beyond’ disciplinary fixations associated with a particular legal system. It is a mode of scholarship that defies biased allegiance to one legal tradition in order to foster cross-cultural dialogue among legal traditions. It involves a study of law that re-directs focus from one concerned with ‘pure’ legal system to a discourse that is grounded on multiple legal traditions.

Introduction

2020 ◽  
pp. 1-12
Author(s):  
Klimchuck Samet
Keyword(s):  
Legal System ◽  
Common Law ◽  
Philosophical Analysis ◽  
Legal Systems ◽  
History Of ◽  
Moral Dimensions ◽  
The Law

This introductory chapter provides an overview of this book’s study of the history of equity. In his celebrated Lectures on Equity, FW Maitland famously declared that all that could be said in answer to what is distinctive of the law of equity is that it comprises ‘that body of rules administered by our English courts of justice which, were it not for the operation of the Judicature Acts, would be administered only by those courts which would be known as Courts of Equity’. If Maitland was right, then there is no reason to think the law of equity names something about which there could be philosophical foundations. The contributors to this volume share, for the most part, and in various degrees, the view that Maitland was wrong. Since at least the time of Aristotle, equity has captured the interest of philosophers, and that fascination continues today. As equity’s place in the legal system continues to evolve, equity’s correction of the law, equity’s distinctiveness, and equity’s moral dimensions will continue to remain central questions. Philosophical analysis of these aspects of equity in general and equity in common law legal systems promises to help in understanding and better shaping these developments.

scholarly journals THE COMPARATIVE LEGAL HISTORY OF LIMITATION AND PRESCRIPTION

Obiter ◽  
2018 ◽  
Vol 39 (3) ◽  
Author(s):  
Eltjo Schrage
Keyword(s):  
Legal History ◽  
Common Law ◽  
Civil Law ◽  
The Other ◽  
Legal Systems ◽  
Oliver Wendell Holmes ◽  
History Of ◽  
The Common ◽  
The Law ◽  
The One

Within both the civil law and the common law (as well as in mixed legal systems), there are means of acquiring and losing rights, or of freeing ourselves from obligations with the passage of time. The reason for this is at least twofold: on the one hand, for a claimant, a dispossessed owner or a creditor, limitation and prescription provide stimuli for bringing the action; on the other, this sanction upon the negligence of the claimant implies in many cases a windfall for the defendant. If a creditor is negligent in protecting his assets, the law at a certain stage no longer protects him or her. As Oliver Wendell Holmes, Jr. said aptly some 100 years ago: “Sometimes it is said that, if a man neglects to enforce his rights, he cannot complain if, after a while, the law follows his example”.

scholarly journals Comparison of Indonesian and Malaysian Legal Systems in Rules, Traditions, and Community Behavior

2021 ◽  
Vol 3 (1) ◽  
pp. 15-29
Author(s):  
Siti Zuliyah
Keyword(s):  
Legal System ◽  
Behavior Patterns ◽  
Legal Systems ◽  
Legal Process ◽  
Legal Traditions ◽  
Real Behavior ◽  
Legal Structures ◽  
The Law ◽  
Process Work ◽  
And Behavior

This article aims to compare the legal system in Indonesia with the legal system in Malaysia by looking at the similarities and differences between the two countries legal systems. In this paper, we use a normative juridical approach, which is to examine the laws and regulations as well as the attitudes and behavior patterns of citizens towards the law and legal system in force in a country based on secondary legal sources consisting of legislation and other related documents. The results of the discussion conclude that in general both Indonesia and Malaysia have similarities in terms of: (1) The structure of the highest judicial institution along with the judicial institutions below it as well as the implementing institutions of statutory regulations. (2) Regulations, rules and real behavior patterns in various fields of life of the citizens concerned. (3) Attitudes towards the law and the legal system of citizens are in the form of beliefs, values, awareness, ideas and hopes that make the legal process work. Meanwhile, specifically between Indonesia and Malaysia have differences due to: (1) Legal structures influenced by local or domestic and global legal traditions. (2) Legislative regulations whose formulation is influenced by local or domestic and global legal traditions. (3) The legal process runs according to the situation, conditions and problems faced by the country concerned.Keywords: Comparison of the legal system, the legal system in Indonesia, the legal system in Malaysia. 

Legal History as Doctrinal History

2018 ◽  
Author(s):  
Joshua Getzler
Keyword(s):  
Legal System ◽  
Legal History ◽  
Common Law ◽  
Historical Scholarship ◽  
History Of ◽  
Political Conditions ◽  
The Common ◽  
History Of Doctrine

This chapter investigates the idea of doctrine as a focus of historical scholarship, asking how the doctrinal mentality arose, and how historical approaches to doctrine emerged strongly in both common-law and civilian or Romanistic legal cultures. It first defines the meaning of ‘doctrine’, and sets out a guiding thesis. It argues that an important dimension of doctrine is communication; and jurists become fascinated by the history of doctrine when social and political conditions necessitate an expansion or transfer of the legal system, with concomitant transfers of doctrinal thought. The chapter then traces the development of doctrinal history from Gaius to the common law tradition.

scholarly journals The Role of Mobile Courts in the Enforcement of Laws in Bangladesh

2014 ◽  
Vol 1 ◽  
pp. 82-95 ◽  
Author(s):  
Gazi Delwar Hosen ◽  
Syed Robayet Ferdous
Keyword(s):  
Legal System ◽  
Common Law ◽  
Legal Basis ◽  
Legal Tradition ◽  
Full Bloom ◽  
Law System ◽  
Legal Traditions ◽  
Logistic Support ◽  
Government Institution

Mobile court ventilates a praiseworthy neo-paradigm in the whole gamut of enforcing laws in the adversarial legal tradition of common law system in Bangladesh. The very outline of mobile courts, in terms of its structure, legal basis, modus operandi, functioning, efficacy, judicial activism, etc. are concerned, it is axiomatically proved that the mobile court is an admixture of inquisitorial and adversarial legal traditions of civil and common law legal system as a “hybrid legal system” for ensuring justice through dynamic implementation of law. Mobile court is probably the most popular and effective government institution to materialize the laws which is a core demand of millions of down trodden people in Bangladesh, thereby providing an avenue of hope for this nation. At the infancy stage of mobile court, we discover multi- dimensional problems in terms of its functioning, legal basis, logistic support, acceptance to the vested segment and people at large. But notwithstanding these multi-faceted acid tests, mobile court takes place an unparallel and distinctive place to protect and preserve consumer protection, sound public heath, law & order situation and ultimately justice through the proper enforcing of existing concomitant laws. This is high time for all of us to launch profound research and investigations to find out its lacunae so as to establish a full-fledged and robust socio-legal background for mobile court so that it can work with its full bloom. DOI: http://dx.doi.org/10.3329/nujl.v1i0.18527 Northern University Journal of Law Vol.1 2010: 82-95

Historical Rupture or Continuity?

Hawwa ◽  
2020 ◽  
Vol 18 (2-3) ◽  
pp. 226-264
Author(s):  
Nijmi Edres
Keyword(s):  
Gender Roles ◽  
Legal System ◽  
Legal History ◽  
Point Of View ◽  
Legal Tradition ◽  
Active Strategy ◽  
The Past ◽  
History Of ◽  
Definition Of ◽  
Religious Courts

Abstract From the point of view of the institutional legal history of shariʿa courts in Israel, the article focuses on the elements of rupture and/or continuity introduced by the appointment of Hanāʾ Manṣūr-Khaṭīb as the first female judge in Israeli religious courts against the background of three main elements, the subordination of shariʿa courts to the Israeli legal system, the reaction of shariʿa courts to the challenges posed by secular and conservative Muslim actors inside the Palestinian minority, and the definition of gender roles in the Muslim judiciary in Israel. Despite some elements of rupture with the past, the article argues that the appointment is part and continuation of an active strategy of the pragmatic use of “the past” of Islamic legal tradition already pursued by shariʿa courts since 1995, and that the appointment of Manṣūr-Khaṭīb can be inscribed in a framework of “patriarchal liberalism,” following the definition of Moussa Abou Ramadan, proving that, still, gender is anything but irrelevant.

Introduction

2020 ◽  
Author(s):  
Butler William E
Keyword(s):  
Legal System ◽  
Legal History ◽  
Russian People ◽  
Legal Nature ◽  
History Of ◽  
Multiple Issues ◽  
International Legal System ◽  
The Law

This introductory chapter briefly reflects on the history of the law of making treaties in Russia. Treaties constitute the earliest surviving documents by at least a century and perhaps more in not only the legal history, but the general history, of the Russian people. The chapter discusses multiple issues which were embedded in the treaties of the ninth and tenth centuries, such as the form and legal nature of the document, ratification procedures, and so on. It considers how these issues interact with the existence of an international legal system as well as a domestic one. The chapter also looks at Russia's especially post-Soviet Russia's-responses to these issues and expounds on the importance of addressing them.

LEGAL SYSTEM OF FINLAND

2020 ◽  
pp. 134-153
Author(s):  
VLADIMIR ORLOV
Keyword(s):  
Legal System ◽  
Common Law ◽  
Nordic Countries ◽  
Legal Systems ◽  
The Law

the law of Finland is characterized by general features that are related to the legal systems of Nordic countries covered by the concept of Scandinavian law where the peculiarities of continental and common law are combined.

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