Fundamental Evolutionary Features of Ancient Laws (Henry Maine’s Concept)

Sir Henry Maine was a

British comparative jurist and
historian. He is famous for
the thesis outlined in his
book Ancient Law that law and
society developed ‘from status
to contract.’
Sir Henry Maine was a
British comparative jurist and
historian. He is famous for
the thesis outlined in his
book Ancient Law that law and
society developed ‘from status
to contract.’
Sir Henry Maine was a British comparative jurist and historian. He is famous for the thesis outlined in his
book Ancient Law that law and society developed ‘from status to contract.’
Stages of Development of Law

1. Law made by the ruler under divine inspiration:-

In the beginning, the law was made by the command of the king believed to be acting under the divine
inspiration of Goddess of justice. Who was above the law and whose commands must be obeyed by the
inferiors.

2. Customary Law: - In the next stage, the office of the King or Judge was inspired by the heads of the
councils. Priest became a repository of law which circulated the King’s power and claimed the sole
monopoly of knowledge. Therefore, the priest class tried to preserve the customs of race or caste
intact. Since the art of writing was not invented, the customs of the community became law for those
who were united with blood relations. In this way, we notice a special event. The concept of custom is a
development of the theory of Maine emerging behind the judgments.

3. Knowledge of law in the hands of Priests:- In the next phase of the development of the law, in order
to implement and execute the law inspired by the Priest class, the King’s right claimed to be learned in
law as well as in religion. The priest class claimed that they remembered the rules of customary law
because the art of writing was not developed till then.

4. Codification: - Then comes the era of codification marks the fourth and perhaps the final stage of
development of law. With the discovery of the art of writing, a section of scholars and jurists came
forward to condemn the authority of the priests as law officials. He advocated the codification of the law
to make it accessible and easy to know. It broke the monopoly of the Priest class in matters of
administration of law. The most important codes of the era were Rome’s Twelve Tables, Codes of
Manu which were a mixture of moral, religious and civil laws, Twelve Tables in Rome, Attic Code
of Solomon, Hebrew Code, Codes of Hammurabi etc.

Types of Societies

Progressive Societies:- According to Henry Maine, those societies which go beyond the fourth stage as
developing their laws, by new methods are called progressive societies. Progressive societies
develop their laws by the three methods namely; Legal Fiction, Equity, and Legislation.

Static Societies:- According to Maine, when the primitive law has been embodied in a code,
there is an end to its spontaneous development and such communities or societies which do not
modifying or go beyond the fourth stage are called static societies.

Role of social factors in evolution of law (Savigny’s concept)

The role of social factors in evolution of law can be discussed as below:

1. Volksgiest :
Volkgiest is the concept of law propounded by Savigny.The term Volksgiest is made  by two words volks
means people and geist means their common will. Volkgiest means the common will of people(spirit of
people). The main idea of Savigny behind this theory was that law is an expression of the will of people
and it does not come from the deliberate legislation and it develops as the consciousness of the nation
arises.

2. Law prevails basically in society:

According to Savigny, law is product of the people’s life living in a particular society and it is the outcome
of a culture of a society. It embodies the whole history of a nation’s culture and reflecting inner
convictions that are rooted in society’s common experience. According to Savigny, a thorough
understanding of a history of people, society is necessary for studying the law accurately.

3. Law develops like a language:

Savigny stated that law develops like a language. He said that law is a national character and develops
like a language in the nation which not only binds the people with belief and opinion with  a group but
also grows with development of the society. The development of both goes hand in hand. It has no
different existence which follows them but considers as a one being. History is proof that law is
developed according to the pre-existing manners in society and approved by the national character like
language.  

4. Law is a continuous and regular process:

 Law is a continuous and unbreakable process bound by the common culture and beliefs of society, not
the product of the day. It develops by the regular and continuous process of society. Customs and
usages in society are given common consent to be followed by the society in the beginning and the
people follow them without any hesitation insured willingly and those not follow become solitude in the
society and finally, all have to become common and thus the thing takes the shape of law on society.

5. Savigny’s opinion for codification of law:

Savigny was against the codification of the law. He thinks that the development of law should be on the
basis of the historical knowledge and not by the arbitral legislation.

6. The initial development of law is natural and later on it is developed by jurists:

Savigny states that in the early stages of law develops naturally according to the internal needs of
people but after people reached a certain level of civilization, different kind of national activity develops
the law accordingly.

Role of Judiciary in law making process in Nepal

Judiciary is one the organs of Government which interprets the law. Sometimes, judiciary also makes
law through interpretation of law and Constitution.
  Judiciary is the most important organ of the government because it acts  as the protector
against the excesses of the legislative and executive organs

 Role of judiciary as the guardian of the Constitution and the fundamental rights of the people
makes it more respectable than other two organs.

 One of the major functions of the judiciary is to interpret law and apply those laws to every
specific case. This function is performed by the judges. The law means what the judges interpret
it to mean,

 The judiciary also plays the role in law making. The decisions given in the courts really determine
the meaning, scope and nature of laws passed by the legislation.
 Judiciary interprets law which also known as judge is made law or precedents.
 There are different precedents which are made in the course of interpreting law and
Constitution by the judiciary.
 Judicial activism
It is a concept intending to make interpretation of the law or Constitution from the perspective
of not only law but also justice.
Our Supreme court has pronounced different cases in the area of judicial activism.

Few of the Precedents are discussed below:

1. Meera Dhungana Vs His Majesty’s Government
(Right to equal parental property to the daughter which caused the amendment in the 11th
amendment of Muluki Ain 2020)
2. Sapana Malla Vs His Majesty’s Government
(Right to privacy of HIV victims)
3. Annapurna Rana Vs Kathmandu District Court
(Right to Privacy of woman’s body)
4. Reena Bajracharya Vs RNAC
(Right to equality on the basis of gender)
5. Surya Dhungel Vs Godawari Marble Industries Pvt. Ltd.
(Right to clean environment and right to life)
6. Brown vs Board of Education, USA, 1954
(Equal rights between White and Black people. No racial segregation in public schools)

Pragmatic Approach to Law

Legal pragmatism is a theory critical of more traditional pictures of law and, more specifically, judicial
decision-making. The classical view of law offers a case-based theory of law that emphasizes the
universal and foundational quality of specifically legal facts, the meticulous analysis of precedent and
argument from analogy.

 Legal pragmatism, on the other hand, emphasizes the need to include a more diverse set of data
and claims that law is best thought of as a practice that is rooted in the specific context at hand,
without secure foundations, instrumental, and always attached to a perspective.
  A pragmatic stance towards jurisprudence offers many philosophical challenges to more
traditional descriptions of the legal domain.

 For the legal pragmatist all legal controversies are essentially attached to a specific and unique
context. As Posner describes it, emphasizing the unavoidable presence of a specific context
“disconnects the whirring machinery of philosophical abstraction from the practical business of
governing our lives and our societies

 While even legal formalists expect to apply concepts to a context, the legal pragmatist differs in
seeing the concepts themselves as products of context. Because of this, the assumption that the
legal concepts are applicable beyond their originating controversy is questioned.

Law and Development

Law and Development is an interdisciplinary study of law and economic and social development.
It examines the relation between law and development and analyzes how to use law as an
instrument to promote economic and social development.
 This was called as development movement.
 Human rights and development both aim to promote well-being and freedom  based on the
inherent dignity and equality of all people.
 The concern of human development is the realization of all basic freedoms.
 Development is a comprehensive economic, social, cultural and political process, which aims at
the constant improvement of the well-being of the entire population and of all individuals on
the basis of their active, free and meaningful participation in development and in the fair
distribution of benefits resulting thereon
 Right to development is an inalienable human right by virtue every human person and all
entitled to participate and enjoy economic, social and political development in which all human
rights and fundamental freedoms can be realized.
 The right to development was first recognized in 1981 in Article 22 of the African Charter on
Human and Peoples' Rights as a definitive individual and collective right.
 "All people shall have the right to their economic, social and cultural development with due
regard to their freedom and identity and in the equal enjoyment of the common heritage of
mankind."

Significance of Human Rights in rationalization of domestic laws

Human rights are those rights which human can enjoy by birth.
Human rights are inalienable rights available to human being.
 Human rights are moral principles or norms that describe certain standards of human behaviour
and are regularly protected as natural and legal rights in municipal and international law.

 Human rights also guarantee people the means necessary to satisfy their basic needs, such as
food, housing, and education, so they can take full advantage of all opportunities. Finally, by
guaranteeing life, liberty, equality, and security, human rights protect people against abuse by
those who are more powerful.
 The central theme of a democratic order is the recognition and protection of basic human rights
and maintenance of rule of law.

Domestication of human rights

 It is a process by which the international law provisions are brought into effect in the national
law.
 Guaranteeing those rights to the people.
 THE HUMAN rights are domesticated by incorporating the provisions of the international
conventions and treaties into national status.
 By accepting these international conventions and treaties superior within the national legal
framework. 

Nepal is a member state of United Nations. Nepal has signed more than 24 human rights and
humanitarian treaties. After signing the treaties, it becomes obligatory to incorporate it in
national law by making new laws or amending the existing laws. 
Nepal has to submit treaty report to the different treaty bodies.
Despite of signing many treaties, Nepal has not successfully incorporated the treaty provisions in
its national law.
Treaty Act, 2047 states that in the time of conflict between domestic and international law,
treaty will prevail. 
 Nepal is a member of the following treaties:
Universal Declaration of Human Rights (UDHR) 1948
International Covenant on Civil and Political Rights
(ICCPR) 1966
International Covenant on Economic, Social, Cultural Rights (ICESCR 1966)
Convention Against Torture,(CAT 1984)
Convention on Elimination of All forms of Discrimination Against Women (CEDAW, 1979)

Renaissance and reformation period

 The period of Renaissance (14th- 17th century) marks a general awakening and resurgence of
new ideas in all the fields of knowledge. Natural law was given a different shape by the
philosophers of this period.
 In this period the medieval order broke down and the supremacy of the church and the emperor
disappeared.
 New theories were propounded on the sovereignty of the state and the theological concept has
been replaced by the secularized concept.
 The concept of social contract emerged in this period. Social contract is an agreement made
between the people of society and the supreme body where the society surrendered their
different rights like life, liberty and property to the supreme body. 
 The exponents of social contract theory are Thomas Hobbes, John Locke and Jean Jacques
Rousseau.
1. Thomas Hobbes:
  The concept of social contract theory was first explained by Thomas Hobbes. Before the ‘social
contract’ man lived in a disordered state. According to the Hobbes, man’s life in a state of
nature was one of the fear and selfishness. These natural inclinations induced him to enter into
a contract and surrender his freedom and power to some authority The law of nature can be
discovered by ‘reason’ which says what a man should do and what he should not do.

 Law was brought into the world for nothing else but to limit the natural liberty of particular
men, in such a manner, as they might not hurt but assist one another and join together against a
common enemy.”

 According to Hobbes Natural law urges subjects to surrender all their rights and vest all liberties
in the sovereign to preserve peace, life and prosperity of the subjects. 

 All law is dependent upon the sanction of the sovereign and all real law is civil law.

 He has the concept of absolute government.

John Locke :
 According to Locke, the state of nature was a golden age, but the property was insecure. It was
for the purpose of protection of property that men entered into the social contract. By property
was meant life, liberty and estate. Locke says, “every man has a property in his own person.”
 The purpose of government and law is to uphold and protect the natural rights. So long as
government fulfills their purpose, the laws given by it are valid and binding but when it ceases to
do that its laws have no validity and the government may be overthrown. 
 He has the concept of limited/democratic Government. Locke supported a constitutionally
limited sovereign and framed the doctrine of separation of power.
 The legislative power creates the rules to give effect to and protect the inalienable rights. There
is the executive power by which the law is enforced; and there is the federative power which
concerns the making of war and peace and controls the external relations of the state.

Jean Jacques Rousseau:

 Rousseau, the French philosopher, like Hobbes and Locke enunciated the theory of natural
rights resting in ‘Du Contract Socia’ (Social Contract). 
 According to him, ‘social contract’ is not a historical fact but a hypothetical construction of
reason. Through social contract a new form of social organization- the state was formed to
assure guarantee rights, liberties, freedom and equality. 
 According to him sovereign is not only source but the essence of law, because sovereign acts
only by means of law.
 Rousseau’s theory of ‘General Will’ it was the will of the whole community. It was the general
will instead of right reason which became the standard of right, justice and equality.
 The general will, therefore, for all purposes, was the will of the majority citizens to which blind
obedience was to be given.
 Government and law are both dependent upon general will, on popular as distinct from
parliamentary sovereignty, which may revoke or be overthrown.

Ancient law making process in Nepal

Codification of manab nyayashastra and Muluki Ain 1910 BS and law making by Isthihar Sabal,
Khadga Nisana and Sanads
Manab Nyaya Shastra
 Manab nyaya shastra is the first codified law of Nepal. It was written during the Malla dynasty
which is known to be the 5th dynasty of Nepal.
 It was written by King Jayasthiti Malla in the 14 th century along with the learned persons;
Kirtinath Upadhyaya, Rajhunath Jha Maithili, Srinath Bhatta, Mahinath Bhatta and Ramanath
Jha.
 The Manab Nyaya Shastra was written after the study of Manu Smriti, Yagyawalkya Smriti,
Mitachhyara Tika, Brihaspati Smriti, Narad Smriti and other holy texts.  
 It was written concentrating on the then practices prevailed in the society then.
 The Manab Nyaya Shastra has introduced many legal provisions regarding houses, lands, castes,
dead bodies etc.
 It was the major source of rendering justice during the medieval period.
 Mostly, all of the then laws were influenced by religion.
 Justice was delivered according to dharmashastra(religion).
Major divisions are :
Griha Niryana (The Law of House)
Kshetra Nirnaya (The Law of Area)
Jaat Nirnaya (The case on caste)
Nyayavikasini (Legal rules for human justice)

Main Provisions of Manab Nyaya Shastra

 Determination of land management/division of land
 Division of caste system and their job description
 Sale and purchase of land
 Punishment according to the gravity of crime
 Life style of people
 Women’s right such as marriage and divorce
  House making procedure
 Provision of collection of evidence, investigation and identification of evidence

Muluki Ain 1910

 The preamble has stated that it has been formulated for the speedy development of the nation.

 The Muluki Ain, 1910 was the general civil and criminal code that used to govern Nepali society.
It reflects the traditional values .

 In the modern context, the Muluki Ain can be called extremely discriminatory against women.

 The then prime minister Janga Bahadur Rana formulated it after visiting France.

 It is inspired by French Napoleon Code. 

 During the Rana regime, dating from B.S. 1903 to 2007, the gradual emergence of constitutional
laws, Acts, circulars, decrees and rules become evident. 
 Subsequent to Janga Bahadur Rana’s United Kingdom visit, a law commission named “Kaushal”
was established for the unification and
    codification of relevant laws in the state.
 In B.S. 1910, through royal seal “Lalmohar” Muluki Sawal or the general decree was enacted in
Nepal. 
 This code contained 5 parts containing chapters, sections, sub-sections and tables highlighting
crime and punishment provisions.
 This Muluki Ain treated all equally.
 It has introduced the concept of Rule of Law.
 Based on religious and social norms and values.
 In order to establish new public institutions, courts or delegate powers, Rana Prime Ministers
used to issue circulars, also known as “Sanad”.
 The circulars used to govern the executive works were known as “Istihar”. An Istihar generally
did not contain any introductory parts prevalent in other legal documents.

Impact of colonial laws in indigenous systems of law(Nepal)

Nepal has its own indigenous system of law based on Religion. In the primitive era, Nepalese legal
system was based on Manusmriti, Yagyabalakaya and other religions texts. Later, it has changed due to
the impact of colonial laws like British law. 

 For the first time the impact of colonization on our educational system started when the then
Rana prime minister Junga Bahadur Rana came to power. 

 During his Europe visit he realized that English is very important in order to communicate with
outside world and thought of providing western education to his son and established Durbar
High school the first English medium school in history of Nepal which was affiliated to Calcutta
University.

 Only the royal family members were allowed to get education over there.
 At the time the supreme authority of making law was on hand of royal members. When the
royal members were provided with the education based on western curriculum they started to
make such laws which were based on the west.
 Since that time, changes in Nepalese legal system slightly started to Begin.
 However Nepalese Legal System started to lose its indigeneity after the political change of 2007
B.S. After 2007 B.S. Common Law system was introduced in the legal system of our country.
 Common Law System is the legal system that has its origin in England. The British Empire spread
the English legal system to its historical colonies, many of which retain the common law system
today.
 Nepal shifted the basis of her legal system from the historical model of Hindu Law to unfamiliar
and untried principles of model built largely on norms of British Law and constitutional practice.
 Western Jurisprudence started to be taught in the Indian Law Schools replacing the religious
ManuSmriti and other different Shrutis. This also indirectly affected the Nepalese Legal System.
 The Interim Government of Nepal Act, 2007 was drafted with the help of Indian scholar,
professor Ram Ugra Singh of Lucknow University. Ram Ugra Singh, who was trained in western
tradition, brought not only the concept but also the rules of Indian interim Constitution to
Nepal.
 The Pradhan Nyayalaya Act 2008, an Act of constitutional importance, was also influenced by
the British Indian Tradition. This Act, for the first time, introduced the doctrine of precedent and
writ system in Nepal, which can be termed as the basic features of common law system.
 Hari Prasad Pradhan, the first chief justice of Nepal, was a person who had studied in Kolkata.
He was brought from Kolkata by BP Koirala. He was the product of Indian legal education.
 Therefore he had the knowledge of Common Law System. He started to make new rules
according to Anglo- Indian model
 In 2014, formal legal education began in Nepal. In 2016 B.S., with the establishment of Nepal
Law College affiliated to Patana University of India.
 Sir Ivor Jennings was invited to draft the constitution of the Kingdom of Nepal, 1959. The jurists
who worked for the preparation of these constitutional documents naturally transplanted the
norms of constitutional system they were familiar with, into newly framed Constitution.
 This Constitution transplanted Westminsterial model of Government of India, British style of
legal education entered into Nepal.
 In 2014, formal legal education began in Nepal. In 2016 B.S., with the establishment of Nepal
Law College affiliated to Patana University of India.
 Sir Ivor Jennings was invited to draft the constitution of the Kingdom of Nepal, 1959. The jurists
who worked for the preparation of these constitutional documents naturally transplanted the
norms of constitutional system they were familiar with, into newly framed Constitution.
 This Constitution transplanted Westminsterial model of Government of India, British style of
legal education entered into Nepal.
 The Constitution of the Kingdom of Nepal, 1990 adopted West ministerial model of government.
 The right to criminal justice guaranteed by the Constitution is received from common law. The
Legal Aid Act, Compensation against the Torture Act,1997 was also received from common law
system.
 The new State Cases Act, 1993 has finished all the possibilities of reinvestigation on the court's
order.
 Factors affecting legislative law making process in Nepal
Legislation is the highest authority of law making process. There are various factors that affect
the legislative law making process in Nepal.
1.Precedent
 Precedent is an important source of law. Precedent is a decision given by Supreme Court on a
matter which is later used as an example if similar issues arises in future. In Nepal precedent is a
major factor affecting the law making.
  Eg- Sunil Babu Pant Vs The Prime Minister and Council of Ministers     et.al
 Supreme Court ruled that the government must enact laws to enable equal rights to protect
LGBT rights and change existing laws that are tantamount to discrimination.
 Here is an Indian case.
 Kesavananda Bharati v. State of Kerala
 This was decided by a narrow majority of 7 to 6 judges. It was held by the majority that there
are certain basic features of the Constitution, which cannot be destroyed or damaged while
amending the Constitution.

2. Custom
 These are habitual course of conduct regularly practiced by the people of society.
 Eg- Incest marriage is strictly prohibited except for some religion or Ethnic Groups that consider
it to be the part of their religion.
 Cow slaughter is considered as crime because under Hindu society, cow is considered as God.

3. Religion

 Most of our customs and rules emerge from the religion. Religion directly impacts the legislative
process. Society is guided by religion and since the parliamentarians are also part of society they
just can’t undermine the religion.
 Eg- Prohibition on killing of cow by criminal code (chapter 27, section 289)
 Allocating of budget for Indra Jatra.
 Declaring holidays on different jatras like Ghode jatra, Machhindranath ko Bhoto Dekhaune,
Indra Jatra. Eid ,Lohsar.

4. Treaties
 Treaties impact the legislative law making.
 It is impossible for any state to stay aloof from the effects and influences of globalization. A state
can establish itself in the international arena only by implementation of the commitments made
by the state to international community.
 Nepal has signed more than 24 human rights and humanitarian treaties
 So Nepal is obliged to make or amend its laws as per the provisions of the signed treaty.

5.Ideology of political party

 Political parties are responsible in running the government so at sometimes their ideology
comes in play.
 The concept of privatization in Nepal took shape during the decade of 2040s which was the
agenda of Nepali Congress.
 The Constitution of Nepal, 2072 declared Nepal as Federal Republic and secular state which was
the Maoist agenda which was institutionalized through the Constitutional Assembly.  

6. Morality
 Morality is a principle concerning between what is right and what is wrong. These principles
guide the law making process.
 Punishment on incest and defamation is directly based on morality.

7. Technological development
 The nature of crimes and cases changes with the technological development. Legislature has to
change the laws accordingly.
 In case of Nepal the Electronic Transaction Act, 2063 had been dealing with the cyber-crime
issues but with the change of time and technological development new act was felt necessary
and Parliament is in process of making new cyber-crime act.
 Likewise, Civil Code and Criminal Code have provisioned various activities as crime with the
development in technology.

8. Economic Condition

 Economic condition of the country always comes into play while making laws. 
 Eg- The scheme of social security was felt necessary in Nepal because of our economy but that
may not be effective in other countries. Schemes and policies to end poverty is suitable for some
place while in other place with huge economy that may not be effective.

9. Public Opinion

 It also impacts the law making process. Need of public is highly recognized by the parliament.
 Eg- During the writing and promulgation of the Constitution of 2072, 2 days public holiday was
granted and different interaction programs were organized where people were allowed to pas
their opinion on how our constitution should be.

10. Education and literacy

 Education and literacy of the country also seriously impact the law making.
 Eg- Chaupadhi, caste based discrimination was recognized as a crime. The education and
awareness level was a main reason why this step was brought.

1.Foreign laws
 Foreign laws also make an impact on the Nepali law making process. Nepal has emulated
different laws from foreign countries.
 Eg- Concept of secularism, federalism were more of a foreign idea then the national need as
claimed by different analysts.
 12. Scholar opinion
 Opinion of the scholars also affects the legislative law making process.
 Eg- Nepal is the first country in the world to recognize the victim of s crime as a fundamental
right. Dr. Shankar Kumar Shrestha played an important role to get that recognized.
 Colonization of South Asia and imposition of Western Laws
The first phase of European colonization of Southeast Asia took place throughout the 16 th and
17th centuries after the arrival of Dutch, Portugese, Spanish and later French and British marine
spice traders,  

What is colonization?
 Colonization is the process or action of settling among and establishing control over the 
indigenous people of an area
 The process by which a central system of power dominates the surrounding land and its
components.
 Colonization in India
 With the 1784 India Act, Britain established direct involvement in India, initially through bringing
East India Company activities under the British Parliament’s direct supervision. The 1813 Charter
implemented full colonial administration and separate territorial and commercial jurisdictions
for the East India Company.
 Colonization in Bangladesh
 Bangladesh bears a colonial legacy in its entire public administration system. Present day
Bangladesh was part of the British Empire for almost two hundred years.
 In 1947 Pakistani rulers replaced the British and dominated the area then known as East
Pakistan until a bitter war in 1971 brought about an independent Bangladesh. A colonial imprint
persists in Bangladesh especially in political and administrative arrangements. The British
tradition helped the bureaucracy to become an essential tool of governance.
 Colonization in Pakistan
 By the end of the World War II, the British imperial government granted independence to its
Indian colony and for that matter the British Parliament enacted the Indian Independence
Act,1947.
 Under the Act, the British Crown relinquished its sovereign powers over India and transferred
those powers to the newly established dominions of India and Pakistan on 14 August ,1947.
 The Government of India Act, 1935, hitherto the constitution of British India, was amended to
bring it in consonance with the aims and objectives of independence as laid down in the 1947
Act.
 The combination of these two constitutional instruments served as an interim constitutional
order for both countries until their respective constituent assemblies adopted their own
constitutions.

Imposition of Colonial laws in South Asia 

 The reason almost all legal systems of the world belong to either the common or the civil law
family is that the European powers imposed their legal system on their colonies.
 Colonizing powers differed in their policies relating to education, public health, infrastructure,
and local governance.
1. The legal origins literature focuses on the fact that French colonies inherited French civil law,
while British colonies inherited English common law.
2. Only former colonies received their legal system exogenously (from their colonizer).
 3. By contrast, in the origin countries, such as England, France, and Germany, the legal system
developed endogenously.
4. Hence in the origin countries, legal “origin” was itself influenced by each country's economic
and political structure.
 Former colonies generally received their legal system from the country that colonized them,
meaning that colonial and legal origin overlap. 
 In particular, no former British colony now has a civil law system and no French (or other
continental European) colony now has a common law system. 
 But it is in some aspect an exception that few ones may have mixed of both that combine
elements of civil law with elements of common law