SYLLABUS

● Module I : Definitions, Aims, Objectives and Values - Interpretation of History -

Development of Law and Custom
● Module II : Ancient Indian History - Unity in Diversity - Society, Polity, Economy
and Education in Ancient India, Administration of Justice in Ancient India
● Module III : Ancient Law Givers - Dungi, Hammurabi, Moses, Greek Law Givers -
Draco - Solon, Cleisthenes, Pericles - Roman Law Givers - Zarathustra, Confucius,
Hindu Law Givers - Manu, Yajnavalkya, Brihaspati, Narada, etc.
● Module IV : Foreign Rulers and the Indian Laws - Turko - Persian Period, European
Period
● Module V : The World and the West : - Impact of the West on Society, Polity,
Economy, Culture and Law
 MODULE I

● Definitions, Aims, Objectives and Values

● Interpretation of History
● Development of Law and Custom

Introduction

The English word ‘History’ is derived from their Greek noun ‘Historia’. ‘History’ or ‘Historia’
simply means ‘enquiry’ or ‘research’.

Ancient Greece was the ‘cradle of history’.​In fact development of history started with the ancient
Greek historians such as ​Herodotus and Thucydides.Herodotus popularly known as the ​‘Father
of History’ wrote about the Greco-Persian wars this contains a mine of information including
those relating to the ancient Egyptians and Persians. ​He tried to shift truth from legends or
myths,and took a rational approach. Thucydides developed this subjects on scientific lines. He
wrote the ‘Peloponnesian Wars’ on the basis of evidence and showed the relation between causes
and effects or results.

Definitions​:

There is no universally agreed definition of history. It has been defined differently by different
historians.

Sir Francis Bacon: ​“History is a discipline that makes men wise.”

J.B Bury: ​“History is a science, no more and no less.”

Prof. Renier: ​“History is the memories of societies.”

Will Durant: ​“History is a narrative of what civilized men have thought or done in past time.”

Thomas Carlyle: ​“World History is a biography of great men”​ ​(The Great Men Theory)

E.H. Carr: ​“History is a continuous process of interaction between historian and his facts, an
unending dialogue between the present and the past ​ (‘What is history?’ by E.H Carr)

Lord Acton - ​“History is the unfolding story of human freedom.”

Dionysius of Halicarnassus: ​“History is philosophy teaching by examples.”

Benedetto Croce: ​“All history is contemporary history.”

Aims​/​Objectives​:

● Understanding the Present

● Learning from the Past

● Appreciation of Past

● Promotion of National Integrity

● Construction of Identity

● Record of Happenings

● Ideological Reasons

Nature of History
● Catalogue of man’s progress in a chronological manner.

● “...barbarism to civilisation is supposed to be the theme of history”- Jawaharlal Nehru

● “History is the science of men in time”- Miller

● Humanistic

● History is also about collection, organisation, presentation and interpretation of past

events. History is a means to form ideology

● Aristotle viewed history as an account of unchanging past - human nature remains the
same it differs only in the degree of details.

● Idea of past creating present - J & K issue [past partition]

● History is not static but dynamic. A historian cannot be completely free of bias. History
can be re-written from time to time. Past events can be re-evaluated in the light of new
development and ideas

● St . Augustine - ‘City of God’ was in response to allegations that Christianity brought

about the decline of Rome and is considered one of Augustine's most important works.

● Saffronisation of Education - more Hindutva oriented education

Concept of Time in History

Linear and Cyclic

Some say historical processes are cyclic in nature, while some say it is linear (characterised by
uniqueness of events). Some say history repeats itself and some say not. Indian History was
depicted as cyclic in nature and the Europeans were only familiar with linear nature.

‘Rajatarangini’(an account on the history of Kashmir) by Kalhana has linear concept of time
which is in congruence with the colonial rulers. He was the first Historian of India.

Interpretation of History

Historiography
Historiography is the study of the ​methods of historians in developing history as an academic
discipline,​ and by extension is ​any body of historical work on a particular subject.​ The
historiography of a specific topic covers how historians have studied that topic using particular
sources, techniques, and theoretical approaches. ​Pioneers of Indian History are servants of East
India Company.

The Different Methods of Historiograph​y

Historical methodology is the process by which historians gather evidence and formulate ideas
about the past.It is the framework through which an account of the past is constructed.

Fundamentally history involves a process of interpreting the past based on evidence available in
the present.This entails using accounts inherited from earlier times.Although each generation
re-interprets history in light of contemporary questions,history claims a scientific status through
its careful use of resources and the weighing of evidence.

Colonial/Imperial School

- Pioneers :​ James Mill​, John Stuart Mill, V.A Smith, H.H Wilson

- These are historians who found flaws in Indian History. They had a sort of imperial
attitude towards India regarding Indians as barbaric.

*James Mill - 1st person to categorize Indian history time frames(periodization) based on
religion
 *V.A Smith - communal aspects of history

Evangelical School

- Pioneers : Charles Grant

- They were ​Christian Missionaries who glorified christianity & the emergence of
Christianity is the central part of their writings.​ They brought Christianity to convert
Indians.

- It was used as a tool to justify their rule.

- They said that Hinduism was diabolical and the ‘Light of Christianity’ would save them.

Nationalist School

- Pioneers : R.G Bhandarkar, K.P Jayaswal, K.A Nilakanta Sastri, ​R.C Majumdar

- These are historians ​who wanted to promote Indian Culture. As the name suggests, their
account of Indian History was that of ‘National Pride’.

- They described the Golden Age of Indian History as Gupta Period which was equated to
Elizabethan England.

Indologists

- Pioneers : ​Alexander Cunningham ,​ Max Muller , James Prinsep

- These are historians ​who had genuine love for Indian Culture.

- Asiatic Society of Bengal , William Jones (Translated Shakunthalam to English), H.R

Wilson

*Indian Napoleon - Samudragupta

* Privy Council of India - Kautilya’s Court

* Indian Bismark - Kautilya/Chanakya

Cambridge School

- Pioneers - Anil Seal, Judith Brown

- They did not think that there was any fundamental contradiction between imperialism and
nationalism. In their opinion, local interests and factional rivalries were prominent
features of the history of Indian nationalism. If Indian nationalism emerged despite such
 localised rivalries, this happened because the British authorities simultaneously
centralised the government and introduced representation in the course of the late
nineteenth and early twentieth centuries.
- Nationalism was a product of British impulse.

Subaltern School

- Pioneers: ​Ranajit Guha,​ Shahid Amin

- The term ‘Subaltern’ refers to the marginalised sections of society. These historians
wrote history from the point of view of the marginalized sections of society.​

- Santha Uprising , Gonda Tribal Uprising are such events which were written by this
method.

Marxist School

- Pioneers : Romila Thapar, Irfan Habib, Sumit Sarkar, ​D.D. Kosambi

- These are historians ​who said that every event in history can be reached back to some
economic factor. T ​ hey displayed everything as class conflicts and revolt of the
oppressed.

- Economic Factor Pioneer - DD Kosambi

- Interpretation was given more importance than narration & description.

Objectivity in History
- Objectivity holds that any historical writing should be based on solid facts,devoid of
any historical sentiments,biases and prejudice irrespective of tribes, gender,race,sex
and nation.

- “Respect for the truth”.

- Dissociation of investigators from object or subject of investigation so that the same

conclusion could be reached on the subject matter.

- Absolute objectivity is illusionary.

Limitation to Objectivity
1. Possibility of new evidences emerging
 2. Nature of historical past in itself

3. Personal biases and prejudices on the part of the historian

4. Selection of certain materials among many by the historian

5. Partisanship by the historian

6. Conflicting theories of interpretation(e.g.empiricism,Marxism,etc)

7. Patriotism

Sources
*Archaeological and Literary (Indigenous and Foreign)

*Indigenous & Foreign Accounts

1. Primary sources:​ materials produced in time period under study

● Reflect immediate concerns and perspectives of participants in the historical
drama.
● Raw materials used by other writers to provide them with information and data.
● Earliest available accounts of an event.
● Common examples include diaries,correspondence,despatches,etc.

2. ​Secondary sources:​ materials produced after the time period under study

● They consider the historical subject with a degree of hindsight and generally
select,analyze, and incorporate evidence to make an argument.
● Discusses an event from a great distance or after the event on the basis of
second-hand or even remote information.
● Provide interpretations and judgements about
● Works of scholarship are the most common secondary sources.

Banabhatta's - Harshacharita- a detailed account of a Buddhist king,Harsha.

Abul fazl: the court poet of Akbar, who compiled and wrote the Akbarnama;the third volume of
Akbarnama is the Ain-i-Akbari.

Epics - They may not belong to one particular era. They may have many chronological layers to
them.They could be magnified versions of stories.Thus they have many interpretations &
interpolation.

A.K Ramanujan - 300 Ramayanas : 5 Examples : 3 Thoughts on translation

Ashoka - Concept of Dhamma

Centralized Administration

Nationalism is a response to British Rule

Gandhi had Messiah’s feature

Concept of Ram Rajya

Does nationalism spark interest in history?

Freedom fighters, Germans, Japanese,

Shivaji - is often represented as an icon of nationalism

Development of Law and Custom

There were laws from time immemorial .

Laws

- End Chaos/Anarchy
- For Organisation
- To bring peace
- Framework of conduct

Hallmarks of Civilisation​:

- Law and Order

- Social Organisation
- Writings
- Way of Living

● Neolithic revolution
- From nomadic Hunter-Gatherers to settled Agrarian Culture (700 BCE) in jericho,
Megharh - from that to patriarch to clans, clans to sovereign
- Hammurabi’s Code(1760 BCE) - one of the earliest codes - Babylonian King
- 1st Legal Document that talked about retribution(‘an eye for an eye’)
- Ten Commandments of Moses
- Greek System gave importance to jury and voting
 - There were no citizenship to women, children , slaves immigrants, foreigners

Roman Empire

(i)West (ii)East (Byzantine), Turkey , Justinian I Code (4th BCE)

Napoleonic Code-1804 , English Common Law,Magna Carta

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 MODULE II

● Ancient Indian History

● Unity in Diversity
● Society, Polity, Economy and Education in Ancient India
● Administration of Justice in Ancient India

ANCIENT INDIAN HISTORY

The timeline from prehistoric to post gupta period was set by James Mill, who divided the history
of india into three periods on the basis of religion -The Hindu Period, Muslim Period and British
Period. Mill postulated that contemporary as well as ancient India was barbarous and
anti-rational. Indian civilisation according to him showed no concern for political values and
India had been ruled by a series of despots.

The Harappan Civilisation (3000 - 1500 BCE)

➔ The ancient civilisation flourished along the Saraswati river and the Indus, parts of which
is now Punjab and Haryana.

➔ The Indus valley civilization was basically an ​urban civilization​ and the people lived in
well-planned and well-built towns, which were also the centers for trade.

➔ The ruins of Mohenjo-Daro and Harappa show that these were magnificent merchant
cities-well planned, scientifically laid, and well looked after.

➔ They had ​wide roads and a well-developed drainage system.

➔ The ​houses were made of baked bricks​ and most houses had two or more storeys.

➔ The factors which led to the decline of the indus valley civilisation has been attributed to:
◆ the drying up of saraswati river, which would have impacted their economy as it
was based on agriculture,
◆ a flood,
◆ invasion by the aryans.

Vedic civilisation ,(1500-500 BC)

● It is named after the Vedas, the early literature of the Hindu people.
 ● The Vedic Civilization flourished along the river Saraswati, in a region that now consists
of the modern Indian states of Haryana and Punjab. Vedic is synonymous with Hinduism,
which is another name for religious and spiritual thought that has evolved from the
Vedas.

Divided into 2
1. Early vedic period
2. Later vedic period

Early vedic period- (1500 - 1000 BCE)

➔ pastoral nomads

➔ Source of wealth; cows

➔ King was known as ​gopala-

◆ daughter was known as ​duhithri​(one who milks the cow)
◆ war known as ​gavisti (​a search for cows)
➔ Tribal assemblies-​saba​ and ​samidi
➔ Society at large was equalitarian. Women were equal to men. Women were
allowed to enter saba and samidi.
➔ Person with 100 cows were considered more wealthier than the one with 100 acres
of land.
➔ Hinduism was given more importance.
➔ People started having the feeling of religious isolation

Later vedic period-

➔ started practicing agriculture. People started to settle down.
➔ Women lost their equal status.
➔ Society became stratified
➔ Caste system developed.
➔ Concept of rashtra emerged
➔ Buddhism and Jainism started gaining importance.
➔ Hinduism started losing followers due to strict and inhumane caste practices.

In South India, the medieval period consisted of the iron age ;sangam age who developed the use
of iron.

The period of second urbanisation in the 6th century:

➔ saw the establishment of urban centers.
➔ Introduction of sects.
➔ Patriarch yielded power.
➔ As a result of socio economic political factors, buddhism and jainism gained influence
and the brahmanical dominance was threatened.
 ➔ Due to the increasing importance of trade in that society, the vaishyas gained power and
this directly led to the rise in sects.
➔ The documents were written in the pali language in the prakrit script.
➔ They followed an egalitarian system of society.

Mauryan empire (322 BCE-185 BCE)

1. They unified the whole of India.
2. It was a large,centralised,bureaucratic empire;
modern full fledged state.
3. It supplanted the earlier Magadha kingdom to assume power over large tracts of eastern
and northern India.
4. The empire came into being when Chandragupta Maurya stepped into the vacuum created
by Alexander of Macedonia’s departure from the western borders of India.
5. Chandragupta embarked upon an aggressive expansion policy.
6. Economy- Trade was a public- private affair. The state could engage in trade just as an
ordinary citizen could. The revenue was drawn from taxes. Farmers comprised of large
part of the population and agriculture was taxed. Barter system was prevalent, as were
gold bronze and copper coins.
7. Administration- The king was the head of the state and the head of military, executive,
legislative and judicial power. He took advices from a council of the chief minister, the
treasurer, the general and the other ministers. The state was divided into provinces under
governors who were often the royal princes. The provinces were further divided into
towns and villages which were under their own district and village administrators. The
empire had a huge spying network and maintained a large standing army.
8. Basis for law - customs, contracts and royal ordinances.
The king’s duty of protection was chiefly ‘Dharma’. From the time of Ashoka onwards
the king assumed the title of “ Dharmaraja”. Dhanta (literal meaning is stick) it connotes
punishment.
Megasthenes commented that most of the citizens were law abiding citizens and the crime
was low. Whereas Huan Tsang commented that there is a lot of insecurity of life and
property as he was robbed. There was a hereditary group of bandits and trade caravans
were frequently attacked by them.
Crime was rampant in the countryside, police and spies were assigned to patrol these
areas. Kings were the source of justice in small kingdoms but in larger kingdoms
delegation occurred in the case of administration of justice. Only serious crimes against
the state was taken to the king’s courts. Fine was the punishment for murder. (1000 for
murdering a kshatriya 100 for vysyas 10 for shudras and women)
Mutilation and torture was common form of punishment. Hang for - spreading false
rumours, stealing king’s elephants horses and house breaking. Those who plotted against
the king, aided the king’s enemy, entered into the king’s aaram (harem) created
disaffection in the army are to be burned alive. Beheading - willful murder and stealing a
herd of cows. Arthashastra was lenient on the sexual crimes but manusmriti was not. Due
to the influence of buddhism and jainism punishments were moderated. By the time Fa
Hien came death penalty was non existent. King Ashoka gave moderate
 punishments.Lives of animals especially cows were considered as serious crimes. The
punishments were graded on the basis of caste. If a brahmin kills - 50- kshatriyas
25- vyshyas
20- shudras
9. Decline of the Mauryan Empire-
a. Weak successors of Ashoka.
b. Vastness of the empire.
c. Independence of the provinces.
d. Foreign invasion.
e. Internal revolt.
Gupta age ; considered the golden age patronised Art. eg; kalidasa, aryabhatta , paramvir
Increasing no. of land grants were given. Temples increased-rise of feudalism.
-zamindars contact with outside world decreased .
Economic trade therefore suffered and decentralisation of power occurred leading to a decline in
the empire.
After centuries of political disintegration an empire came to be established in 319 AD under the
Guptas. Although Gupta empire wasn’t as large as the Mauryan, they kept the north India
politically united for more than a century (335 AD - 455 AD). The first ruler of the empire was
Chandragupta-I and was succeeded by his son Samudragupta. The Gupta era produced the
decimal system of notation​ and great sanskrit epics and hindu art and ​contributed to sciences
of astronomy, mathematics and metallurgy​.
Administration- Great tact and foresight was shown in the governance of the empire. The large
empire was ​divided into small​ paradesha’​ s (​ provinces) and ​administrative heads were
appointed ​to take care of them. The kings ​maintained transparency​ and ​discipline in
bureaucratic process​. Criminal law was mild, capital punishments were unheard of and judicial
torture was not practiced.
Socio-economic conditions- People led a ​simple life​. Commodities were ​affordable ​and all
round​ prosperity ensured​ that their requirements were met easily. Gold and silver coins were
issued which is a general indicative of the health of the economy. ​Trade and commerce
flourished​ both in country and outside.
Decline -
a. Fresh waves of invaders arrived and shattered the fabric of the Gupta empire. Although in
the beginning Samudragupta tried effectively to stem the march of the Hunas to India ,
his ​successors proved to be weak and could not cope with the Hunas.
b. The gupta empire was further ​undermined by the rise of feudatories​. The governors
appointed by the emperors in the northern bengal and their feudatories in south east
bengal broke away from the gupta control.
c. The​ loss of western India​ complete by the end of the fifth century, must have deprived
the guptas from the rich revenues from trade and commerce and ​crippled them
economically.
d. Administrative inefficiency, weak successors, foreign invasions and internal rebellion
were other causes of downfall of the gupta empire.

Post Gupta
Yavanas - greeks and romans
Yavana priya- pepper - derived from their love of pepper.
Indo greeks​-sakas-post maurya
Kushanas-pre gupta
Eg,pattanam was an indo roman port muziris was also a part.

Ancient indian society

It was defined by caste
4 main casts were brahmanas, kshatriyas, vaishyas, shudras.
Some historians consider another level of untouchables.
Stages of life-Brahmacharya->Grihastha->vanaprastha->sanyasa
6 vedantas;
1. Kalpa(period of memorising)
2. Chanda
3. Vyakaran- grammar
4. Jyothisha-astronomy
5. Nirukta-etymology
6. shiksha

Ancient Indian Economy

Fire was technological innovation of the hunter gatherers.

North west india-indus valley flourishing
The rest of india was in the bronze age.
Later vedic used iron and led a sedentary lifestyle.
Era of mahajanapadas-land was important .16 of them existed and the rise of heterodox sect.
Vedic religion was its height during mahavira's time .
Arthashastra furnishes info on mauryans
satavahanas ;nagarjunakonda
Indo roman trade covered in periplus of erythrean sea
Downfall of mauryas was led by an economic decline -ashoka's policy of peace led to the fertile
regions becoming independent
Zamindars;

Buddhist and jain monasteries became centers of learning and attracted students from all over the
world.eg. nalanda.

Unity in Diversity​:

● Unity in diversity is a concept of "unity without uniformity and diversity without

fragmentation”.

● Geography gives distinction and shapes our history

 ● Himalayas acted as a cultural barrier.

*Khyber Pass and Bolan Pass and Gomal Pass - Himalayas

● Indo-Gangetic valley became the focal point of many cultures

● Deccan Plateau - midway between north and south

● Western Coastal Plain - Trade since earlier times

● Rome, arabs, egypt, chinese, ethiopia

● Eastern Coastal Plains - Arikamedu (early port)

● Geography shaped our history to a great extent.

● V.A.Smith:”India is an ethnic museum.”

● Aryans initially in the steppes of Central Asia then to Iran and then to India.

● Rukmini Arundale-Bharatanatyam (Deviyattom) was made to a respectable dance (Annie

Besant)

● Goutable boost to promote unity

○ Hindi Language was encouraged

○ Artforms were recognized

● Bharatavarsha -Land below the great snowy mountains and above the great ocean
(‘Bharat’ word comes from the land of King Bharat)

Ancient Indian History

Pre-Historic Time - Post Gupta Time

Theory of oriental despotism-east

Whims and fancies of despots-in India

Indians were not familiar with democracy.

Kings gave irrigation, people gave surplus, no private property-Asiatic mode of production

India was a stagnant country with no progress

Ancient Indian Polity​:

4 reasons/theories - Rise of states in India

(i) Evolution Theory - State gradually evolves out of a stateless society.

There was anarchy - First came the tribalgroup/family

Patriarchs came(final authority) - Hunters gatherers. They started agriculture - settlement - sense
of ownership.

Later developed into a more organised community. Further into civilisation

Indus Valley Civilization [2500 BCE - 1500 BCE]

Urban society with good city planning.

Trade relations were vast

Had their own seal and stamps, Literature, Art and craft

Largest of all of its contemporary civilizations

Reasons of Decline:

Flood in the Indus river

Drought because of drying up of Saraswati

Aryan invasion

Change of course of the river

Vedic Period [1500 BCE - 500 BCE]

(i)Early Vedic [1500 - 1000]

Rural civilization

Pastoral nomads - Cows considered as unit of wealth

Egalitarian society

King was called Gopala

Animal Husbandry

War - Gavishti

Bronze Age

(ii)Later Vedic[1000 - 500]

Period of 2nd urbanisation

Started agriculture with animal husbandry

Women lost their prominence

Initiation of class/caste system

Concept of rashtra emerged

Iron tools were used to clear forest land and to start agriculture

Start of Jainism and Buddhism

Caste

Buddhism and Jainism - Period of Agrarian expansion

Originated due to various socio economic factors of 6th BCE

In the context of chaturvarna system - atrocities, domination.

Brahminical dominance

Significance of 6th Century BCE

● New religion sects came up

● Rise of the Mahajanapadas

● Foundation of the Mauryas

 ● Brahminical prominence

● Vaishyas gained importance

● Increase in internal and international trade

● Buddhism and Jainism sanghas opened door for women, lower castes

● Vaishya were in support of these religions - were patrons

● Rituals were expensive, Buddhism and jainism denounced rituals. They proposed non
violence,peace and cooperation

Features of Buddhism and Jainism:

Egalitarian society - women and lower castes were given entry

Sabha and Samiti - Ritual Rig vedic meetings

Women were denied entry

Mauryan Empire

Unification of the subcontinent - brought diverse people together

Large centralised bureaucratic empire.

Elaborate hierarchal empire

Taxes were to be collected , hierarchy of bureaucrats

State became full fledged, drastic changes in economy

Dhamma - code of conduct (rules of procedure) by Ashoka for easy administration (unifies
system) - tackled diverse issues

Kautilya/Chanakya Arthashastra - Book on statecraft

Economic downfall

His policy
Gupta System:

Family was the basic unit - Patriarchs emerged

Agriculture and trade prospered

Golden Age - Art and literature flourished. Ex: Kalidas

Scientist like aryabhatta lived during this period

Land grants were given

Feudalism tendencies became common

Decentralisation of administration

Long distance trade lost its importance

Temples became repository of wealth

Megasthenes - Indians are not inclined to litigation

Period after Maurya is indo-greek

Yavana sundari means roman beauty

After Harsha till the delhi sultanate - dark period

Yavanapriya - pepper(Indians drain the wealth of rome)

Dharma system - Brahmacharya, Grahasta, Vanaprasta, sanyasa

Ancient Universities - Nalanda, Takshashila and Kanchi

Panini- earliest sanskrit grammarian

Sangam era - iron age of south india

Sangam grammar book - Tholkappiam

Ancient Indian Economy​:

99% of existence - man lived as a hunter gatherer

Greatest invention - wheel , discovery - fore

It was because of fire, man had control of nature

Primitive culture was formed sitting around the fire

Indus valley civilisation - agriculture

Janapada- defined territory

There were 16 mahajanapadas

Kautilya’s arthashastra - mauryan economy was discussed. Most resources went for
administration .

Mauryan empire declined - economic downfall

Roman trade with india - favourable to indians.

Muziris and nagarjunakonda - trade ports

Inflow of gold and silver - pepper

Gupta period - temples centre of wealth

Land grants were given to feudatories.

Crossing sea was forbidden

Administration of Justice in Ancient India​:

There were manuals of human conduct - dharmashastra*(verse) & dharmasutra( prose)

Manusmriti by manu

Yajnavalkya, narada and vishnu - law givers.

Arthashastra - treatise of political system

Basis of law - religion, custom , contracts and royal ordinance

Gave importance to divine cosmic order

King had duty to protect the dharma

From ashoka’s time the title of dharmaraja was adopted

Danda - ‘stick’ - punishment, coercion, military power

Foreign travellers wrote about the crimes.

Huang Tsang was robbed when he visited India. He said that there was a lot of insecurity and
there existed robber gangs and bandits, (This was during Harsha’s period)

Officers(local officers and garrison commanders) were entrusted to guard the city. Spies were
also present.

In small kingdoms, kings were sole source of justice. In general, however the delegation of
powers were seen. King’s court was reserved for serious crimes. Composition of courts varied
from time to time. They preferred a bunch of magistrates to a single judge.

Judicial corruption also existed.

Standards set for judges were really high - religious, impartial, devoid of anger and learned

There should be no meeting between judges and litigants

Arthashastra said that honesty of judges must be tested and corrupt ones were punished.

False witnesses were 100 unhappy rebirths.

Women, learned brahmins, government servants, minors, debtors and people with criminal
backgrounds could not testify

Lower caste can’t sue the upper caste

Several tests were laid to test the veracity of witness

Brahmins, aged people, rich people, lunatics, pregnant women were exempted from torture and
women were given lower punishments

Ordeal by fire- means of asserting innocence when evidences were absent

Fines for murder

 ● 100 cows for kshatriyas
● 100 cows for vaishyas
● 10 cows for women/ shudras

Ashoka’s palace full of amenities such as exclusive baths and decorated with flowers, fruit trees
and ornaments.It was a prison where no prisoner came out alive.

Arthashastra gives details of punishments in the form of employment in state mines-death

penalty for murder-murder for spreading false rumours-hanging for stealing royal cavalry and
elephants-burned alive for plot against king,entering into King’s harem,aiding King’s
enemy,creating dissatisfaction in the army,beheading for wilful murder and lenient punishments
for adultery .

Mutilation and torture were common penalties for many crimes.

Manu prescribes death for adultery and sexual crimes.

By the time Fa-Hien came to India,death penalties were absent from north India.

After Buddhism,punishments became lenient.

Rituals of animals(especially cows) were protected.

Gradation in punishment based on caste(Smrithis);when a Brahmana murders anyone,he/she has

to pay 50 panas for a kshatriya,25 panas for a vaishya and 20 panas for a shudra
 MODULE III

● Ancient Law Givers - Dungi, Hammurabi, Moses,

● Greek Law Givers - Draco - Solon, Cleisthenes, Pericles -
● Roman Law Givers
● Zarathustra, Confucius,
● Hindu Law Givers - Manu, Yajnavalkya, Brihaspati, Narada, etc.

ANCIENT LAW GIVERS

Dungi

The Code of Dungi is believed to be as old as ​2300 BCE and is considered the earliest available
code.Therefore, the ​Sumerian Law Giver Dungi (now called Shulgi) is considered to be among the earliest
law givers of the ancient world.It had its origin from the local customs; “​an eye for an eye, a tooth for a
tooth, a limb for a limb” was the norm. This is also known as the ​Law of retribution​. There were three
classes in the Sumerian society, which included the aristocrats,the commons and the serfs/slaves.
Punishment varied in degrees according to the social status of the offender. Dungi’s Code built the
foundation for the entire legal system of the semitic race in the subsequent centuries.

Hammurabi

He ruled between ​1792-1749 BCE.​ He constructed one of the most famous legal codes in the
world. Hammurabi’s Code ​(Babylonian) was the recodification of Dungy's Code in conformity
with time, around 2100 BCE. The code was ​engraved on a huge stone block of 8 feet and
installed in the temple of Babylon for public interest.​ This was later discovered by a French
archaeologist, ​Gustave JeQuier in Susa in 1901 and is currently in Louvre Museum, Paris. The
Code certainly provided for protection of widows,orphans and the poor but in many respects was
harsher and more barbarous than the Sumerian Code of Dungi. For example, for giving
protection to a runaway slave, Dungi’s Code imposed a fine while Hammurabi’s Code cut off
their ears. Adultery invited excommunication but in the Code of Hammurabi, capital punishment
was imposed only if it was committed by a woman. The code also established minimum wages of
the workers. Hammurabi’s Code is a self-glorifying pillar/code.
Similarly, farmers received liberal treatment under Sumerian Law but were punished for laying
the fields barren and for neglecting dykes and canals under Hammurabi’s Code. Industrialists,
traders and merchants who were commoners under Dungi’s Code were elevated as the privileged
class by Hammurabi’s Code. Strict regulations and state interference was imposed upon
transactions, banking and industries. The code was written ​in Akkadian(​ one of the oldest
deciphered writings in the world).
Moses

Moses is ​considered as a prophet in Islam as well as Christianity. Moses’s name was mentioned
115 times in the Holy Quran, while Prophet Mohammed was mentioned only 5 times. Moses was
born in Egypt. He spoke Hebrew. It was during that time the Pharaohs of Egypt feared the
seizure of power by the Hebrews. The Pharaoh ordered all the first born male babies to be killed.
Moses’ mother saved Moses from being killed by the Pharaoh's soldiers by floating the baby
through river Nile in a flower basket.
It took the people of Hebrew 40 years to reach the land of Cana (The land of milk and honey)-
The Promised Land. Moses is credited for starting monotheism.
The Hebrew Code is believed to be a ‘Revealed Code’ just like the Smritis of Ancient India. It
had its origins in the ‘​Ten Commandments​’ received by Moses on Mt.Sinai from God Almighty
(Yahweh) during the course of the exodus, It is more or less a ​spiritual/moral code​.
It goes like :
1. Do not have any other God before Me (God)
2. Do not make yourself an idol
3. Do not take the Lord's name in vain
4. Remember the Sabbath Day and keep it holy
5. Honor your mother and father
6. Do not commit murder
7. Do not commit adultery
8. Do not steal
9. Do not testify or bear false witness against your neighbour
10. Do not covet another man’s wife, house, land, slaves, donkeys or anything else he owns.
These commandments were believed to be engraved on two stone tablets by the Lord and handed
over to Moses for the guidance of the Israelites. They were taught by him to his people and
therefore were known as the Mosaic Laws. It served as a foundation for the Christian Law and
Islamic Law in the long run. It laid the foundation of many religions of the world.

GREEK LAW GIVERS

Draco
In 621 BCE, Draco was the ​first Athenian to draw up a code.​ The laws were ​too severe and
punishments were cruel and inhumane​. For example, punishment for stealing an apple, even by
a child was death penalty. Thus his name became a synonym of cruelty and the use of
‘Draconian’ came into vogue in English. However, the Draconian Code created an awareness
among the Athenians and the Greeks, in what the law was.
Solon

Solon was the second law giver of Athens. He had been a military general who was very popular
among the citizens.Later, he had been chosen by the citizens as a magistrate. He was entrusted
with the task of reforming the Athenian Law. He gave a new code in 594 BCE. The laws of
Solon were ​just and humane​. It was on the foundation of his code that the Athenian legal system
was later built upon by Pericles.
The Code of Solon provided for ​freedom from enslavement from debt, all debts were cancelled
and borrowing on the security of a person was forbidden, thereby reforming the Draconian
provisions. Secondly, it ​fixed the ceiling for land, held by nobles so as to provide land to the
landless. His constitutional reforms helped much for the development of Athenian legal system
and innovation in judicial administration.
He constituted the ​Council of 400 to scrutinize and approve laws. But the body competent to pass
them or reject them was the General Assembly. If the Assembly passed a law, it becomes the law
of the City-State. Thus began ​‘popular legislation’ in Athens for the first time in the history of
mankind. Next, he set up the ​Supreme Court which interpreted laws and pronounced judgements
and it marked the inception of the judicial system. The government of Athens enforced the laws
as the ​executive​. Thus his code and reforms paved the way for ​‘democracy’​. Further, it was
provided in his code that the judges of the Supreme Court should not be appointed by the
government and should be elected by the people by ​universal adult suffrage​. This enabled the
judiciary to act independently without any sort of interference by the executive. Thus began the
principle of ​‘rule of law’.

Cleisthenes

He was the nephew of Solon and a great administrator. Cleisthenes augmented the strength of the
Council to 500 and introduced the committee system in drafting and scrutinizing law. It
resembled the present day Parliamentary Sub-Committees. However, the process of legislation
has to be carried out by the General Assembly. Further, he got a law enacted for introducing
‘Ostracism’.​ It meant legal provision for sending corrupt politicians from Athens , in exile, for a
period of 10 years. With his reforms developed direct democracy in Athens.

Pericles

He was the greatest administrator of ancient Athens. In ​461 BCE​, he ​introduced the Jury System
in Athens.​ Athenian courts during his period had no judge, nor a lawyer, but had juries and they
were given power to decide cases by majority votes. The period witnessed a throughgoing
democracy in judicial administration.

ROMAN LAW GIVERS

Rome was founded in 753 BC by Romulus and Remus(twins). Their father is Mars(The God of
War) and their mother abandoned them.They were raised by Lupa (The Wolf Goddess).
Roman Empire and their civilisation is considered to be one of the largest in the world. Roman
civilisation is credited with the concepts of democracy,law and philosophy.Their contribution in
legal criminology can be traced back to Latin terminologies. They initially were ruled by
customary laws.

The Roman society was divided into 2:

● Plebeians (Lower Class)
● Patricians (Elite or Privileged)

Pontiffs, who belonged to the patricians class, created the laws.The Plebeians revolted resulting
in the creation of the 12 tablets. The tablets had the oral rules written by a committee of 10,
which is considered as the major source of Roman Law.

Justinian

He attempted and succeeded in codifying the Roman Law in the ​6th century CE​ .
Justinian appointed a committee of lawyers to codify the laws. They prepared the ‘Code’.
Another committee of 16 jurists appointed by the emperor to collect the expert opinions of the
past law givers, worked hard for three years. The outcome was the ‘Digest’. Further, at the
instance of Justinian, a textbook for the use of students was prepared and it was titles the
‘Institutes’. ​The Code, The Digest and Institutes​, together with related supplements was
collectively known as ​‘Corpus Juris Civilis’ or the ‘Body of Civil Laws’ of Justinian. It is
popularly named after him as Code Justinian.

Code of Justinian was based on the ​Universal Principles of reason, justice and humaneness.
The Roman Law had a lasting influence on mankind. It was the foundation of the medieval
church law. It inspired the Renaissance scholars to develop a rational approach and humanism. It
was accepted as the basic law of many European countries. When the European nations
interacted with the other nationalities scattered across the world in different continents, for
purposes of trade, colonisation and conversion and with the rise of imperialism, elements of
Roman Law disguised in the form of European law crept into the indigenous laws of many
Non-European countries, particularly Afro-Asian and American countries in the form of ‘Modern
Law’

INDIAN LAW GIVERS

Manu
Manusmriti is regarded as the oldest codification of rules of ​Dharma which is a comprehensive
term for all rules of righteous conduct in every sphere of human activities. Dharma regulates the
rights and duties of every individual to ensure peace and harmony.
According to Manusmriti, the sources of Dharma are the ​vedas​. Secondary sources are ​smritis​,
immemorial customs, virtuous conduct of those who conform to the ideals laid down in the vedas
and ultimately those rules which are acceptable to the good conscience of an individual.
The word smritis itself means memory, and they are a compilation of laws from all the sources.
It is commonly acknowledged that Manusmriti or Code of Manu is regarded as the oldest and the
largest and Manu is regarded as the first law giver.
All later Smritikaras have substantially depended on Manusmriti. The eighteen sub divisions of
law which covered civil, as well as criminal law are the special features of Manusmriti. It is
divided into 12 chapters, and contains 4 main topics
● Creation of the Universe
● Source of Dharma
● Dharma of the 4 Social Classes
● Karma or Rebirth and Liberation from the World

Ancient records refer to it as Mano Dharma Sastra, and it was ​William Jones who first
translated it into English i​ n the 18th century. The structure and contents of Manusmriti suggests
that it was ​mainly targeted at the brahmins and Kshatriyas​, with ​approximately 1000 verses
dedicated to the laws governing Brahmins, and around 900 for the latter. The rules governing
the vaishyas and shudras are brief, and ​Dr.B.R Ambedkar held the Manusmriti responsible for
perpetuating the caste system in India. It is the ​first Indian legal document known to the west,​
and the most authentic version is held to be the calcutta version. Most of the verses in the
Manusmriti are inconsistent and contradictory.

Yajnavalkya

The ​Yajnavalkya smriti is one of the many texts covering the concept of Dharma written ​in
sanskrit​. The text is ​composed in the shloka or poetic meter style​.The legal theories within
Yajnavalkya are presented in three books, namely, ​achara, vyavahara and prayascitta kanda,​
which covers the ​judicial process, customs and crime and punishment ​respectively. The text is
notable for its humane and more ​liberal views​, as compared to the manusmriti, and its ​emphasis
on evidence and judiciousness of legal documents.​ It provided ​more freedom to the shudras,
and under its provisions, the shudras could share meals with the dwijas. They could also perform
the Pancha Maha Yajnas i.e., Brahma yagnam or self study of the vedas, deva yajnam or
sacrifices like the agnihotram, manushya yajnam or entertaining the guests with hospitality, pitru
yajnam or tharpanam for deceased parents and finally bhuta yajnam or domesticating animals.

Furthermore, only those people who followed unhygienic professions and lived in unhygienic
surroundings like the hunters, butchers, meat vendors etc were treated as untouchables which is a
progressive step and presents a clear deviation from manusmriti.
The legal theories contained in this text were very influential in medieval india, and its passages
and quotes are found inscribed in every part of India. The text is also widely commented upon
and quoted in panchatantra, agni purana and various other texts.

Brihaspati

They were ​written in the Gupta period, and contains ​progressive laws as compared to the
previous smritis.

Bruhaspati contains 4 kinds of courts:

1.the ​pratisthita o​ r permanent local courts,
2.​apratishtita​ or courts set up for a limited period of time,
3.​muditha​ or courts with judges holding the royal seal and
4.​shasitha​ or courts presided by the ruler.
The two former courts were lower courts but the latter two courts were courts of appeal and
original jurisdiction. Shasitha was the supreme court and only the upper courts were empowered
to impose corporal punishment.

Narada

Naradasmriti is a part of dharmasastras, which contains a collection of legal maxims relating to

the concept of dharma. The text is ​juridical in nature, as it covers ​procedural and substantive
law. The narada smriti is the only one of dharmasastras which ​does not cover areas such as
righteous conduct and penance.​
The 1876 version of the narada smriti was translated into german by the scholar, Julius Jolly,
making it accessible to european scholars for the first time. Narada smriti, ​permits the
remarriage of widows under certain circumstances, which include, if the husband dies in an
accident, in the case of natural death of the husband, if the husband stays away from the wife for
a long period or if the husband is a depraved person.

PERSIAN LAW GIVERS

Zarathustra

Persian law was considered to be the command of the monarchs, and it was considered to be the
divine will. The ​emperor was considered to be the source of law, its interpreter and the
supreme judge. The laws or morality and social relations were guided by the zoroastrian
religious laws.
Zarathustra or zoroaster lived in persia ​around 1000 BC,​ and the religion he founded had
profound influence on the entire masses of Persia. The ​ethical code of zoroastrianism chiefly
emphasised obedience to rulers, sympathy towards orphans and the poor, observance to
contracts, truthfulness and hospitality to guests and strangers.
Furthermore, pride, idleness, greed, lust, adultery etc were forbidden. All these rules were
covered in the book ​Zend Avesta, the holy book of the zoroastrians, and these rules were strictly
adhered to by the people.

CHINESE LAW GIVERS

Confucius

Confucianism emerged from the teachings of Confucius, a chinese scholar and philosopher. The
main body of the confucius canon ​comprises of four books and five classics, traditionally
attributed to confucius, although their authorship is not confirmed.
The philosophy revolved around ​2 concepts:the noblemen and the establishment of a well
ordered society.
In the philosophy developed by confucius and his followers, law had a secondary role to play in
shaping human behaviour, and they emphasised the concepts of morality or ​Tiān and ritualism
or ​lǐshēng​ in shaping human behaviour.
Confucian scholars believed that all humans were innately good and endowed them with four
fundamental virtues, humanity or ​rén,​ righteousness or ​yì​, propriety or ​lǐ and wisdom or ​zhì​.
Confucian thought focuses on the cultivation of virtue in a morally organised world. ​The
fundamental belief in confucianism and the guiding principle is do not do to others what you do
not want done to you.
 MODULE IV

● Foreign Rulers and the Indian Laws

● Turko-Persian Period
● Arrival of European Period

The 8th century to 13th century is known as the Early Medieval Period. In 712 AD, Sind
(currently in Pakistan) was conquered and that marked the entry of Islamic rule in India.The
word ‘Islam’ means submission to the will of god. The ‘Sultan’ or ruler was the most important
authority .The theologians were called ‘Ulema’.The sultan's position combined the power of a
political as well as a spiritual head. metaphorically speaking, combined the powers of Caesar and
The Pope.‘Caliph’ was the spiritual head, the Sultan looked towards the Caliph, but in matters of
urgency, he had the autonomy and authority to take decisions. Mahmud of Ghazni looted and
conquered the Somnath temple in 1026 AD. The temple was famous for its wealth. In 1191, the
first battle of Tarain occured where Prithviraj Chauhan emerged victorious against Muhammad
Ghori; in 1192,the second battle of Tarain occured where Muhammad Ghori defeated Prithviraj
Chauhan. The 2 most important landmarks of the medieval period is the establishment of Delhi
Sultanate and Mughal Empire.

Turko-Persian Period​:

The Delhi Sultanate ​(1206-1526)

The Delhi Sultanate consisted of five main parts Slave Sultans(1206-1290), Khilji dynasty (1290
AD to 1320 AD), Tughlaq dynasty (1320 AD to 1413 AD), Sayyid dynasty (1414 AD to 1451
AD) and Lodi dynasty (1451 AD to 1526 AD). When Muhammad Ghori left India he entrusted
India to his favourite slave Qutbuddin Aibak after the victory of the 2nd Battle of Tarain. In
1206, Qutbuddin Aibak established the Slave Dynasty(Mamluk Dynasty)which lasted
(1206-1290) . Iltutmish (1210) was the son-in-law of Qutbuddin Aibak who completed the
construction of the Qutb Minar (1220).Under Iltutmish the Delhi Sultanate became an
independent entity.
Khilji Dynasty (1290-1320) : Alauddin Khilji (1290-1326) controlled the power of the nobles.
There was always a tussle for power between the nobles and the priestly class. Alauddin Khilji is
known to have had a disagreement with a Sufi Saint Nizzamudin Aulia. The ascend of Razia
Sulta UIna to the throne of Delhi was also an event that the noblees and religious leaders
disagreed on , resulting in her stepping down
Muhammad bin Tughlaq (1325-1351) introduced token currency in India and took on an
expedition to Central Asia.He transferred capital from Delhi to Maharashtra. He was famous for
his failed reforms . The usage of the word ‘Tughlaq Policies’ implied failure .
In 1336, the Vijayanagara kingdom was established. In 1347, Bahmani kingdom was established
(both parts of present Deccan plateau - parts of Maharashtra and northern parts of Tamil Nadu).

Status of Hindus under Muslim Rule :There were instances of religious tolerance. The Sufi and
Bhakti Movements flourished at the time, Nevertheless, the Hindus were considered protected
people or second class citizens or Zimmis. There also existed Jizya (poll tax) which was
imposed on the Hindus to be paid to the Sultanate for their protection. Akbar abolished it while
Aurangzeb reintroduced it.
Slaves were an important concept during this period.
Timur invaded India in 1398. Timur was a very notorious conqueror. He plundered his way
through the Indian Sub-Continent. The women were raped and his rule was detrimental to the
progress of Delhi. ​Mecca was a very infertile region but very important nonetheless. It was a
strategic place owing to its position. It was the area where many trade routes intersected. Hence
it flourished.
Islamic rule in India gave way to urbanization,centralized administration,bringing the majority
people of India under a common rule and it paved the way for Mughal Rule in India.The State
was ruled according to ‘Shariah’ Law. Islamic thinking and traditions were prevalent in this state,
and there was a clash between the elites. This state was not a theocracy, and it was a symbol of
religious toleration. There was a balance between political pragmatism, and religion, and in case
of emergencies, the ruler did not consult the ulemas regarding political issues but rather made
decisions based on his council of ministers.
The display of splendour created an impression of might in the society. Monuments were
constructed for creating awe, display power and as tombs

The Mughals ​(1526- 1707)

Islamic rulers had a very narrow social base. Apart from nobles and ulema (theologians),
everyone else were heterogeneous/ non-muslims.They had to maintain power, be more vigilant
and it was not easy because majority were hindus. The Hindus had to pay Jizya, which was a poll
tax to practice their religion. Under Mughals the state became more powerful.

Babar was initially driven out of Farghana (Afghanistan) and India at that time was very affluent.
But in the historic and decisive battle of Panipat, he defeated Ibrahim Lodi upon invitation from
Lodi’s enemies (relatives) and stayed in India. He was very nostalgic about his homeland. He
was also a botanist- no fresh melons, no orchards, very dusty
He was a descendent of Genghis Khan (from his mother’s side), who was a great Mongol leader
and Timur (from father’s side) who was known to be a great conqueror. State was a combination
of JoMongol, Turkish, Islamic and Indian elements. It gave a lot of importance to divinity by
invoking all the divine traditions. Divinity was used to strengthen the position of the king.Akbar
was the son of Humayun, he was born during a crisis, he was the governor of Punjab during
Humayun's death, and founded a religion called Din-Ilahi. Established Ibadat-Khana in 1575.
The Mansabdari system was also in practice during that regime, which was civil-cum-military
personnel of Akbar. The strong woodworks of administrative system was also very well
organized. World Vision of the West was more sea-oriented whereas Mughal vision was more
agrarian/ land-oriented.
Mughal state was an ​‘insatiable leviathan’ because they wanted more and more tax and money
to appease the ruling class, the rich and the affluent.

Composite Social Base

Through matrimonial alliance he strengthened his empire and had the support of the local people.
He was able to control the power of the nobles and theologians. Akbar organized his
administrative system around the mansabdari system.
New cities like Masulipatnam and others began to emerge. To the court of Jahangir, a British
messenger was sent, Sir Thomas Roe who requested for the erection of a permanent factory of
East India company at Surat.
Aurangzeb was the last of the greatest Mughals. After his death, the composite power broke off.
Many new successor states emerged, like Hyderabad, Bengal, Awadh (Lucknow) etc and the
Mughal empire began to crumble. There were revolts by Agrarian, Sikhs, Jatts and Shivaji gained
ground during this time in the Deccan region. Later Mughals were incompetent and led a life of
luxury. While the Mughal empire was disintegrating, the coastal powers gained ground and
slowly established themselves in India. Bahadur Shah Zafar, the last Mughal king was put into
prison in Rangoon, Burma and both his sons were killed. When the Mansabdari system
disintegrated , the Mughal empire also disintegrated.

European Period​:

Ideologies of the Raj

❖ The British were initially merchants when they had arrived in India.
❖ They had to justify their rule which was done through ideologies.
❖ Orientalist Thinkers described India as ‘The land of Snake Charmers, Tightrope Walkers’
etc..
❖ India was an exotic land- land of yogis, gurus, rishis, babas
 ❖ They translated Sanskrit and Persian works into English.
❖ The Western Image about the Orient is varied.
❖ They wanted to show the superiority and their ideological underpinning

MODULE V

● The World and the West : - Impact of the West on Society, Polity, Economy, Culture
and Law

THE WORLD AND THE WEST

Impact of the West on Indian Society
● Technology
● Education : Sir Charles Woods introduced the ‘Wood’s Despatch’ which is now known as
the Magna Carta of Indian Education. He had the idea of turning a class of Indians into
Western thinkers, who are Indians by color. He wanted pillars of support which he
achieved through ‘Woods Despatch’. Though we had many Eastern Centres of learning
but we gave more importance to Western Education and Knowledge and Science
.Although the gurukul system existed in India, where Vedas and Vedangas were taught,
we always looked up to Western Sciences and Learning. This thinking is flawed. Carl
Linnaeus was inspired by the book Hortus Malabaricus (Garden of Malabur), a book by
Henrik Van Rheede.It was a botanical treatise that describes the flora and fauna found in
malabar.It had 12 volumes and took 30 years to complete. Malayalam language was first
 printed in this book in the late 17th century.This book shows how the Eastern system of
medicine was the basis for the formation of English medicine. This shows that Indian
education was at its peak at that point of time. But later on, the west became the epitome
of culture.
● The Asian plants were exotic. The westerners wanted to take this to their land.
● We ape the West. But this was not not the case in China. We blindly follow the west.
There are several examples of West deriving inspiration from the East like Sushruta
Samhita and Charaka Samhita, The Invention of ‘Zero’ by Aryabhatta.
● Modernization
● Urbanisation
● Westernization
● Liberalisation
● Globalisation
● The British always maintained their distinctiveness from the Indians
● The British tried to impose British Value Systems on Indians.
● Clothing had a huge impact on Indian Society

Impact of the West on Indian Polity

● Democracy
● Administrative Unification of India

Impact of the West on Indian Economy

● England is the birth home for industrial production. The main reason for the decline of
Indian industry is the unequal competition between handloom and power loom. Soon
india became a market for finished products and a source of raw materials.

Impact of the West on Indian Culture

Impact of the West on Indian Law

● Concept of Law was introduced.
● The Indian Penal Code
● The Roman Law(Latin Terminologies)
● The Magna Carta
● A Written Constitution
● Hammurabi’s code
● The term ‘White Man's Burden’ was coined by Rudyard Kipling
● ‘Asiatic Mode of Production’ was postulated by Karl Marx - Asian countries were arid
and hence required irrigation facilities that were provided by the king/ruler as an
administrative apparatus. Under that pretext they usurped the surplus. Most of the
property was owned by the king. This was used by karl marx to explain the asian
situation.
● The westernerners said that India had an absence of private property in land. Indians were
only familiar with despotic rule and had no idea of democracy.
● ‘Oriental Despotism’- The westerners said that the asians are only familiar with a series
of despots, they are not familiar with other forms of governments i.e. democracy(no such
concept). This was used to justify their rule in India.

● Impact of Western on Society

West has a lot of impact on society in terms of food, culture, clothing, attitudes,
governments

● Western Impact on Indian Polity

● Revolution in thought process - but now others have adapted to indian conditions

● Western Impact in Indian Culture

● The west had a tremendous impact in Indian Culture