Quaid-E-Azam Law College, Lahore
Part-I (5-Years)
History of Law
Ms. Zahra Akhtar
Advocate High Court
1. Introduction:
Legal history or the history of law is the study of how law has evolved and
why it has changed. Legal history is closely connected to the development
of civilizations and operates in the wider context of social history. Certain
jurists and historians of legal process have seen legal history as the recording
of the evolution of laws and the technical explanation of how these laws
have evolved with the view of better understanding the origins of various
legal concepts; some consider legal history a branch of intellectual history.
2. Historical Background of law:
The civilization of law and order dates back to the civilization of Greece,
who were versatile in nature regarding principles of civil liberty.
3. Derivation of Term “Law”:
Law
Derived from German Term “LAG”, Meaning Fixed or Even
Derived from Latin Term “LEX”, Meaning Rules or Regulations
4. Literal Interpretation of Law:
5. Legal Interpretation of Law:
6. Juristic views on Law:
7. Conceptual Historical Analysis of law:
In different countries, the origin and historical development of law is very
different.
“Hindu” “Dharma” (Religion)
“France” “Droit” (Administration)
“Rome” “ Jur” (Religion and Administration)
“Muslims” “Hukma” (Religion)
8. History of law in various regions:
i. Greek History of law:
a. Background of Greece:
The civilization of ancient Greece was more versatile among the
other civilizations in the world.
b. Famous personalities among Greece:
Homer
Sappho
Plato
Aristotle
Demetris
c. Hellenic States:
Those regions having influence of the Greek civilization are
known as Hellenic States.
d. No match to Hellenic States:
The intellectual accomplishment of Hellenic states has no match
when it comes to science, literature, arts and law.
e. Main contributions of Hellenic States:
Principles of civil liberty:
The Hellenes were ardently devoted to the principles of
civil liberty.
Freedom of intellectual activity:
The Hellenes were having the freedom to get and absorb
knowledge of any subject studied.
Rival concept of “Renaissance” in Italy:
The Hellenes were opposed to the concept of Renaissance in
Italy.
Republican Principles:
The Hellenes were having the democratic principles for the
regulation of people in state. Actually, America and France
are propagators of republican principles generated by
Greece.
Contribution in law and legislation:
About 1350 and 1400 BC, King Minos reigned in Crete. His
name among Hellenes was the symbolic of law and
legislation due to his work on “Code of laws” for Crete.
ii. Roman Legal System & History of law:
a. Historical Background of Roman:
Romans stand pre-eminent in the development of law. The
foundation of Rome was laid by Romulus about 753 B.C.
b. Great Period in Roman History:
Monarchial Period:
(753-509 BC)
Initial period of famous kings
Republican Period:
(509-31 BC)
Roman greatness period
Imperial Period:
(31BC -476 AD)
Downfall period
c. Major races in Rome:
There were three major races in the Rome, as given below:
Latin race
Sabite race
Eturian race
d. Establishment of Assemblies:
Following are the assemblies established during the republican
period,’
Comita Curiatae:
Comita Curiatae is a Roman assembly, composed only of the upper
class of people known as “Patricians.”
Comita Centuriae:
It became true assembly of Romans which was general. This
assembly was responsible for the following tasks:
Enactment of laws:
The assembly enacted the laws.
Representatives of the State:
The assembly elected the great officers of the state for its
representation.
Jurisdiction in Criminal cases:
The assembly had the power of final jurisdiction in all
criminal cases of capital nature.
Comita Tributa:
Comita Tributa was the tribal assembly. It is also known as
Tribal Assembly.
One division in Comita Tributa was known as “Senate” and
the acts of Senate were known as Senatorial decrees or
“Senatus Consulta.”
iii. History of Law under English or Common legal system:
a. Common law:
Common law is part of English law that was derived from
customs and judicial precedents, rather than statutes (codified
laws) is the common law.
b. Eminent monarchs as legislators:
Alfred The Great (871-901 AD):
In early 880’s or in 890’s, Alfred issued a long law code from
many books his forefathers gathered.
Edward The confessor (1043-1066 AD):
Edward refers to collection of laws, purporting to represent
English law in time of history of English law as recited to
William-I in 1070 AD.
c. Institution of feudalism as foundation:
The institution of feudalism is the foundation of common law
of England as well as common law system of Europe as
opposed to civil law of Rome.
d. Anglo-Saxon Era:
The anglo Saxons had the system of county courts, which
seems to have the purpose of administration of justice.
e. Importance of Magna Carta (1215):
Magna Carta was the first codified and written document giving
the concept of fundamental rights. It was codified in 1215.
Articles:
Magna Carta contains 38 articles. But only three of those
articles are of the paramount importance.
Church:
The church should be free.
Rights and Privileges:
City of London and all other cities should enjoy their
rights and privileges unimpaired.
Deprivation of life, liberty and possession:
No man should be deprived of life, liberty and possession
until accepted by legal judgment of law of land.
iv. History of law in America:
The American law introduced a system of trial which is thought to be
a product of common law.
a. System of jury trial:
Jury trial system was formed in America by end of 18th century. It
assumed to be an important part in the administration of justice
which has become one of the significant feature of the American
Jurisprudence.
b. Declaration of Independence:
The very first constitutional document was adopted by State of
Virginia in 1776. It was considered as the very first and significant
constitutional document. It gives the concept of Federal system and
fundamental rights, as amended by Thomas Jefferson.
c. First Clause of constitutional document:
The legislative, executive and judiciary departments of the state
shall be separate and distinct. So neither will exercise the powers
belong to others, as enunciated by the theory of separation of
powers.
9. Conclusion:
