Common Law History

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The roots of all present day human institutions lie deeply buried in the past. The same is true of a country’s law and legal institutions. The legal system of a country at a given time is not the creation of one man or of one day, it represents the cumulative fruit of endeavor, experience, thoughtful planning and patient labor of a large number of people through generations. If law is not to be studied merely as a body of rules laid down by certain organs, or as a collection of doctrines, dogmas and concepts, or as a static entity but as an organic growth, a living breathing mechanism keeping pace with the social changes then there is no escape from a study of legal history. Law cannot be understood properly when divorced from history. They…show more content…
First, at the opening of his now little-read classic, The Common Law, Holmes makes a statement that has since become a cliché of pragmatist legal thought: The life of the law has not been logic: it has been experience. The felt necessities of the time, the prevalent moral and political theories, intuitions of public policy, avowed or unconscious, even the prejudices which judges share with their fellow-men, have had a good deal more to do than the syllogism in determining the rules by which men should be governed. The law embodies the story of a nation’s development through many centuries, and it cannot be dealt with as if it contained only the axioms and corollaries of a book of mathematics.5 Holmes was arguing that common law thinkers had begun to believe that the common law could be understood as a matter of ahistorical logic, such that legal results could be imagined to follow syllogistically from initial premises. But the common law, Holmes suggested, was irreducible to logic. It could not thus be systematized. Like all law, the common law had to be seen, instead, as the…show more content…
Twentieth century historians have viewed legal history in a more contextualized manner more in line with the thinking of social historians. rrreeeesss India has a known history of over 5000 years and there were the Hindu, and Muslim periods before the British period, and each of these early periods had a distinct legal system of its own. Law in India has evolved from religious prescription to the current constitutional and legal system we have today, traversing through secular legal systems and the common law. India has a recorded legal history starting from the Vedic ages and some sort of civil law system may have been in place during the Bronze Age and the Indus Valley civilization. Law as a matter of religious prescriptions and philosophical discourse has an illustrious history in India. Emanating from the Vedas, the Upanishads and other religious texts, it was a fertile field enriched by practitioners from different Hindu philosophical schools and later by Jains and
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