The document summarizes legal history reports for three modules covering the introduction to legal history, early developments from 1600-1836 in India under British rule, and the evolution of law and legal institutions. It discusses definitions of law from philosophers, challenges in modern law, early legal systems, the Napoleonic Code, works by Maine and Maitland, British charters and courts established in India, controversies like the Raja Nanda Kumar case, and reforms by Hastings and Cornwallis. It also covers the development of personal laws and courts in India along with racial discrimination in legal systems applied to natives and British settlers.
The document summarizes legal history reports for three modules covering the introduction to legal history, early developments from 1600-1836 in India under British rule, and the evolution of law and legal institutions. It discusses definitions of law from philosophers, challenges in modern law, early legal systems, the Napoleonic Code, works by Maine and Maitland, British charters and courts established in India, controversies like the Raja Nanda Kumar case, and reforms by Hastings and Cornwallis. It also covers the development of personal laws and courts in India along with racial discrimination in legal systems applied to natives and British settlers.
The document summarizes legal history reports for three modules covering the introduction to legal history, early developments from 1600-1836 in India under British rule, and the evolution of law and legal institutions. It discusses definitions of law from philosophers, challenges in modern law, early legal systems, the Napoleonic Code, works by Maine and Maitland, British charters and courts established in India, controversies like the Raja Nanda Kumar case, and reforms by Hastings and Cornwallis. It also covers the development of personal laws and courts in India along with racial discrimination in legal systems applied to natives and British settlers.
The document summarizes legal history reports for three modules covering the introduction to legal history, early developments from 1600-1836 in India under British rule, and the evolution of law and legal institutions. It discusses definitions of law from philosophers, challenges in modern law, early legal systems, the Napoleonic Code, works by Maine and Maitland, British charters and courts established in India, controversies like the Raja Nanda Kumar case, and reforms by Hastings and Cornwallis. It also covers the development of personal laws and courts in India along with racial discrimination in legal systems applied to natives and British settlers.
Download as DOCX, PDF, TXT or read online from Scribd
Download as docx, pdf, or txt
You are on page 1of 2
Legal History Class Report for module-1,2&3.
Harish B BC0190016
Report for Module-1 (Introduction to Legal History)
In the first classes we have dealt with a general overview on legal history, its importance to a legal graduate and its relevance in the modern world, we have also learned how without legal history a law graduate is a mere mechanic and doesn’t have a complete understanding of the underlying philosophy of law. We then proceeded to look at various definition of many Greek philosophers such as Ulpian and Unaximes, Ulpian had rightly called law a form of art or science. We also looked at definitions of western legal scholars like Hobbes, William Blackstone, Immanuel Kant, Hegel and Sir Henry Maine. Followed by this was an elaborate discussion on the various challenges faced by law in the modern world and the various legal systems such as common law, civil law, the socialist legality and the religious system of law. A discussion on the early forms of law which had originated from ancient civilization was discussed. We then looked at the first formalized code of law for people, that is the Napoleonic Code which helped people realize the civil relation between citizens and a state. We then had detailed discussions on works of Henry Sumner Maine and F.W. Maitland.
Report for Module-II (Early Developments [1600-1836])
In this module, perhaps the most interesting and critical module, we looked at the various changes and developments brought forward by our English invaders. The British had come to India under the pretext of starting a company and thereby increasing trade and profit, they had also introduced a handful of charter and all of these charters were delivered from the powers of the crown. They were the charters of 1600, 1661, 1726 and 1753. These charters delivered unlimited powers to create, amend and exercise law making powers on the Indian subcontinent, this was one of the first instances of a law-making provision being conferred on the Indian sub-continent. The next important discussion was the discussion on the trial of Captain Lancaster of the First Voyage on 28th February 1616, this was one of the first documented trial that took place in accordance with statutory provision on the Indian sub-continent. The next discussion was based on the various settlements established by the East Indian Company in Surat, Madras, Bombay and Calcutta. We also discussed upon the establishment of Mayor’s court in 1726 and Supreme court at Calcutta at 1774. A discussion on the Regulating Act, 1773; Pitts India Act, 1784; The Act of Settlement 1781, we also looked at the various provisions underlying them. The most important discussion was on the controversy regarding the Raja Nanda Kumar case, the next discussions was on the part regarding the various reforms brought by Warren Hastings and Lord Cornwallis from 1772 to 1793.
Report for Module-III (Evolution of Law and Legal Institutions)
In this module we discussed on the importance of personal laws and its development in the Presidency towns established by the Company. Also along with personal laws, this period also saw and increase in emphasis on criminal and laws relating to punishment, also the charters conferred powers to establish courts of law to sit upon cases such as the establishment of High Courts in the year 1861 under The Indian High Courts Act, 1861, these high courts generally dealt with offences relating to Britishers, the company had also established Adalat’s to try the natives in various civil and criminal cases. The most important discussion in this section was about the Racial discrimination between the natives and the English settlers, the presidency towns in Chennai was divided into white and black town, separate laws applied to them, some of them were unfair and some of them were aptly applied.