UNIVERSITY INSTITUTE OF LEGAL

STUDIES (UILS)

Subject: Principles of Legal System

Subject Code: 20LCT126
Class: BCOM.LLB1st Semester
Dr. AKHILESH RANAU
Professor
DISCOVERUILS, Chandigarh
. LEARN . EMPOWERUniversity
 Meaning of
CO Title
Cc Level
Evolution of Law.
Number

CO1 Explain the meaning of evolution of law. Remember

CO2 Explain the meaning of evolution of law in Understand

Law in Ancient
CO3
ancient India.
Explain the nature of law in roman system. Understand
India.
CO4 Trace the evolution of law in Greek system. Understand

CO5 Explain the evolution of law among Christians. Understand Law in Roman
And Greek system

DISCOVER . LEARN . EMPOWER

• Unit- The term Nature of Law is in
I
Meaning of Evolution of evolution Law flux
Law
. The term evolution of law stands
for the growth of law. Keeps on
Represents changing
Law as
. Law has always emerged as growth of with
science
outcome of the society. law changing
conditions
. Law always keeps on changing
with the changing conditions of
the society. Close nexus
Dynamic
between Law as
. The benchmark of progressive nature of
law and philosophy
society is that Law is always in law
society
flux, law is dynamic in nature.

3
 SYLLABUS :UNIT-I
Concept of Law:
• 1. Evolution of Law – Ancient India, Greek, Roman, Christian
• 2. Meaning, Definition, Nature, Functions and Significance of Law
• 3. Law, Justice and Morality
• 4. Hart’s Concept of Law and the Indian Constitution
• 5. Classification of Law – Public & Private Law, Substantive &
Procedural Law, Municipal & International Law, Civil & Criminal Law,
Common Law & Civil Law

4
 Concept of Law:
• The term ‘Law meaning
• There are many different laws such as:
• Family law
• Property law
• Contract law-
• Criminal law
• Constitutional law-
• Administrative law

5
 Concept of Law:
• Meaning of following terms:
• Judicial precedent
• RATIO DECIDENDI
• OBITER DICTUM –
• A policy
• A guideline
• ‘Act' –
• Statute

6
 Concept of Law:
• Meaning of following terms:
• Judicial precedent
• RATIO DECIDENDI
• OBITER DICTUM –
• A policy
• A guideline
• ‘Act' –
• Statute

7
Concept of Law:

8
Concept of Law:

9
 Concept of Law:
Function of parliament :
The primary function of parliament is to make :
• New laws,
• Amend existing laws and
• Repeal old laws.
For every such procedure,:
• A bill needs to be passed in both houses of parliament.
• Once passed in both the houses,
• Bill needs to get assent of the president to become an act.
10
Concept of Law:

11
 Concept of Law:
BILL :
• A 'bill ' can be considered as initial stage of an act. Bill is a proposal to
make a new law. Usually, bill is in the form of a document that summaries
what is the policy behind the proposed law and what is to be the proposed
law.
• A Bill can be introduced by government itself or proposed by a member of
the Parliament .The Bill is placed in the lower house of the parliament and
after discussions once it has been passed, the Bill goes to the Upper house
for approval. Once the bill gets passed by the upper House it is sent to the
President for his assent.
• Finally a bill becomes a law (Act) of the land once it has been passed by
the parliament and also got assent from the President
12
 Concept of Law:
ACT
• Once the Bill has been passed by the legislature, it is send to the
President or the Governor, as the case may be for the approval.
• By receiving his assent, it becomes an Act. An Act is a law which is
made by the legislature like Parliament or State Legislative
Assembly.

13
 Indian Legal System
• Indian law refers to the system of law which operates in India.
• It is largely based on English common law(The body
of law developed in England primarily from judicial
decisions based on custom and precedent, unwritten in statute or
code, and constituting the basis of the English legal system.
• Various Acts introduced by the British are still in effect in
modified form today. Indian Police Act, 1861, Indian Evidence Act,
1872,The Transfer of Property Act 1882, Indian Penal Code,
1860:
• Much of contemporary Indian law shows substantial European
and American influence.

14
 Growth of Law in Ancient India

• Smritis , Shrutis and Vedas : Some important sources of Law

• Doctrine of Dharma : Represents the path of righteous conduct
• Manusmriti : The ancient code of law in India
• Rajdharma: Representing the rule of law
• Dharamshastras : Consisted of various rules and regulations to
regulate the human conduct

15
 History of Indian Law
AN INTRODUCTION TO ANCIENT INDIAN LAWS
• Ancient Indian Law : Vedic ages(Bronze age and indus valley
civilisation): Hindu philosophical schools.
• Hindu Law can primarily be divided into three categories
1. ‘Classical Hindu Law’,
2. ‘AngloHindu Law’,
3. ‘Modern Hindu Law’..

16
 History of Indian Law
AN INTRODUCTION TO ANCIENT INDIAN LAWS
Classical Hindu Law : Parliament ,Judiciary and Executive. +vedas : There
are four "Vedic" Samhitas:
• The basic Vedic texts are the Samhita “Collections” of the four Vedas:
1. Rig-Veda “Knowledge of the Hymns of Praise”
2. Sama-Veda “Knowledge of the Melodies”
3. Yajur-Veda “Knowledge of the Sacrificial formulas”
4. Atharva-Veda “Knowledge of the Magic formulas”

17
 History of Indian Law
AN INTRODUCTION TO ANCIENT INDIAN LAWS
FEATURES :
• 1. Dharma : righteousness(sanskrit meaning) + legal duties and
religious duties + human activities(ritual purification, personal
hygiene regimes, mode of dress)+principle guidance.
Sources of Hindu Law or Dharma :
• The first source is the Veda or Vedas
• The second source is called Smriti:
• The third source is achara
18
 History of Indian Law
AN INTRODUCTION TO ANCIENT INDIAN LAWS
• The first source is the Shruti (“heard”) – philosophical texts that state the
basic principles of Hinduism
• Vedas
• Upanishads Veda or Vedas
• Vedas : The Vedas, meaning “knowledge,” are the oldest texts of
Hinduism.
• They are derived from the ancient Indo-Aryan culture of the Indian
Subcontinent and finally being written in Vedic Sanskrit between 1500 and
500 BCE (Before Common Era).
• The Vedas are structured in four different collections containing hymns,
poems, prayers, and religious instruction.

19
 History of Indian Law
AN INTRODUCTION TO ANCIENT INDIAN LAWS
• The second source is Smriti (“remembered”) –apply the principles of
the Shruti to daily life
• Ramayana
• Mahabharata (includes Bhagavad-Gita)

• Smriti refers to the traditions and collections of customary law

wherein learning takes place.
• Smriti, therefore, may also refer to the collection of spiritual treatises that were
written down as poems, such as the Mahabharata and Ramayana.

20
 History of Indian Law
AN INTRODUCTION TO ANCIENT INDIAN LAWS
The Third source is called achara:
• That refers to the customary laws or community norms of a particular social
group.
• These community norms are brought into practice by a community leader or
ideal person .
• The ideal person who defines the ācāra of a particular place is dictated as one
who knows the Vedas or is “learned”, in actual practice this role is often deferred
to group leaders along with Vedic scholars.

21
 Five Rules of Dharma
• To secure peace and happiness and to avoid causing civil or criminal injury
to others the five rules of dharma are of utmost importance and to be
followed by all.
1) Non violence (Ahimsa) – Not indulging in violence against any one. Not
inflicting mental or physical injury on fellow human beings
2) Truthfulness (Satyam) – Truthful and honest in speech and action
3) Non stealing (Asteyam) – not to acquire money and wealth by illegal
means and immoral methods
4) Cleanliness (Soucham) – Cleanliness of thought in mind, words spoken
and action performed or conformity of thought word and deed
5) Control of senses (Indriyanigraha) – Control of senses by restraining
them from indulging in wrongful actions.

22
 History of Indian Law
The Dharamshastra :
They are Sanskrit written texts on religious and legal duties.
• The shastras in Sanskrit Hindu literature are the textbooks of religious and legal
duty. Shastra literally means “rule, command, code of laws, science,” and these
works focus on many different subjects, including the three principal goals for
human beings:
❑dharma (law),
❑artha (wealth, profit, business, or property), and
❑ kama (passion, desire, pleasure).
• The Dharmashastra incorporates the nature of the world, eternal or cosmic law,
and social law, applied to rituals and life-cycle rites, procedures for resolving
disputes, and penalties for violations of these rules.

23
 Dharamshastras
• They recognize the importance of karma in creating divisions and
disparities in society and prescribe methods to social friction and
moral confusion.
• The Dharma Shastras were meant for people who are bound to the
mortal world, because of their ignorance, there will be a sinful karma.
• For such people guidance is required for distinguishing the lawful
from the unlawful, and performing such duties that flow directly
from God which will ensure the orderly progression of the world and
preservation of the moral, social and political order.

24
 History of Indian Law
Topics covered in the Dharmashastra:
• The first is the âchâra
• The second is the ‘vyavâhara
• The third category is called the ‘prâyaschitta’

25
 History of Indian Law
The first is the âchâra, which provides rules on daily rituals
• Include practices about daily sacrifices,
• The kind of food to eat and how to obtain them,
• And who can give and who can accept religious gifts.
• The life-cycle rites are the rituals that are conducted on important
events in one’s life like birth, marriage, and tying of the sacred thread

26
 History of Indian Law
The second is the Vyavahara, which provides for laws and
legalprocedures:
Include practices about:
• Duties and obligations of a king to organize court,
• listen and examine witnesses,
• Decide and enforce punishment and pursue justice

27
 History of Indian Law
The Third is the prâyaschitta’ which provides for rules for punishments
• And penalties for violating the laws of dharma.
• They are understood to remove the sin of committing something that
is forbidden.

28
 History of Indian Law
2. Dharmashastra
• Dharmashastra texts are Manusmriti (200BC-200CE);
• Yajnavalkya Smriti (200-500CE);
• Naradasmriti (100BC- 400CE);
• Visnusmriti (7001000CE);
• Brhaspatismriti (200-400CE);
• and Katyayanasmriti (300-600CE).
These texts were often used for legal judgments and
opinion.
29
 Manu smriti
• Manu Dharma Shastra or Manu Smriti means reflections of Manu.
• consists of 2,685 verses on the code of conduct on human society
like dharma, religion, duty, law, right, justice, practice and principle
that are to be followed in Indian society though it is written 1800
years ago.
• Manu Smriti is a comprehensive social code, serves as an
authoritarian guide for jurisprudence of humanity for a long time in
Indian social history having contemporary relevance. It is next only to
Vedas from which it derives it’s authority.

30
Contd..
• According to Manu, the law giver, God created the king to protect the
subjects from anarchy and exploitation of the powerful people. Thus, it
was the king's duty to protect the weak from the strong who broke the
law. If the verdict of a king is unjust it would be a great sin.
• The execution of right duties was the king’s basic responsibility and his
duties were defined under the concept of Rajdharma.
• A king should be very careful while executing the laws which were
supposed to be based on dharma.
• It was to be correlated with morals and ethics. Ideally, the king was seen
as a person who would always speak the truth, be a realist, and be well
versed in duty and work.

31
 Ultimate Manav Dharma
• One should avoid activity which is under another person’s control
,that is not to nurture expectations from others.(unhappiness)
• Should take pains to engage in any activity which is under his own
control ( Happiness)
• One should not do violence to his teacher, father, mother who have
toiled relentlessly to illuminate his soul.
• Punishment can be given only to son and pupil since it is done in
their own interest

32
 Rajdharma
• Rajdharma is a Sanskrit term for the "duty of the rulers". In another
interpretation, Rajdharma proceeds to guide the individual to
incorporate spirituality in his/her work life and in his personal life.
• Rajdharma as a concept constitutes the judicious duties of the King
towards his subjects.
• The basic concern of the Rajdharma is welfare of the people.
• In ancient Indian classics the spirit of Rajdharma was to ensure
peace, justice and prosperity to the people.

33
 History of Indian Law
Anglo-Hindu Law
(i) The First Phase (1772-1864) + Three main developments
• First, the important Dharmashastra texts were compiled + translated
+rules applied to hindu.
• Second, the court pandits were used in the British courts
+interpretation+ implementation .
• Third, the court pandits became redundant(ineffective) + due to
development of case laws.
(ii) The Second Phase (1864-1947)
• Departure from the Dharmashastra tradition
34
 History of Indian Law
Anglo-Hindu Law
(i) The First Phase (1772-1864) + Three main developments
• First, the important Dharmashastra texts were compiled and translated by
various British administrator-scholars including William Jones, Henry
Thomas Colebrooke, J.C.C. Sutherland, and Harry Borrodaile. The rules
from these texts were applied to Hindus in order to expand British rule in
India.
• Second, the court pandits were used in the British courts to aid the British
judges with the interpretation of the Dharmashastra texts and
implementation of the Classical Hindu Law.
• Third, the court pandits became redundant due to sufficient proliferation
and development of established case laws of some precedent value.

35
 History of Indian Law
Anglo-Hindu Law
(i) The Second Phase (1864-1947)
First Departure from the Dharmashastra tradition is the most significant development of the
second phase of the Anglo-Hindu Law. The system of court pandits ended due to sufficient
proliferation of, and establishment of, case laws during the first phase.
Second
• there were problems with implementing the Classical Hindu Law, the British legislated and
codified various laws or acts, largely in the form of the English Legal System or the modern
form of law.
• The British felt that that there were diverse customary legal practices among various regions
and communities in India, and they were not necessarily administratively or otherwise
connected with the idealized legal system of Dharmashastra.
• The British administrators undertook studies and compiled the diverse customary rules
practiced among different communities. These customary rules were consultative resources
for the courts.
Thirdly, the Dharmashastra tradition lost its relevance. By and large, the idea of the English legal
system was well received by the Indian nationalist movement and was adopted after India’s
independence from the British. 36
 History of Indian Law
Anglo-Hindu Law
(i) The Second Phase (1864-1947)
First Departure from the Dharmashastra tradition is the most significant development of the
second phase of the Anglo-Hindu Law. The system of court pandits ended due to sufficient
proliferation of, and establishment of, case laws during the first phase.
Second
• there were problems with implementing the Classical Hindu Law, the British legislated and
codified various laws or acts, largely in the form of the English Legal System or the modern
form of law.
• The British felt that that there were diverse customary legal practices among various regions
and communities in India, and they were not necessarily administratively or otherwise
connected with the idealized legal system of Dharmashastra.
• The British administrators undertook studies and compiled the diverse customary rules
practiced among different communities. These customary rules were consultative resources
for the courts.
Thirdly, the Dharmashastra tradition lost its relevance. By and large, the idea of the English legal
system was well received by the Indian nationalist movement and was adopted after India’s
independence from the British. 37
 History of Indian Law
• Departure from the Dharmashastra tradition is the most significant development
of the second phase of the Anglo-Hindu Law.
• The system of court pandits ended due to sufficient proliferation of, and
establishment of, case laws during the first phase.
• Since there were problems with implementing the Classical Hindu Law, the
British legislated and codified various laws or acts, largely in the form of the
English Legal System or the modern form of law IPC 1860,EVIDENCE LAW
1872,POLICE ACT 1861.
• The British felt that that there were diverse customary legal practices among
various regions and communities in India, The British administrators undertook
studies and compiled the diverse customary rules practiced among different
communities.
• These customary rules were consultative resources for the courts. Accordingly,
the Dharmashastra tradition lost its relevance

38
 History of Indian Law
Modern Law:
• The British adopted (especially during 1864 and 1947) the modern
law or the English legal system and replaced the existing Indian laws,
except for laws related to family or personal matters like marriage,
inheritance and succession of property.
• Family law or the personal law applicable to Hindus is the Modern
Hindu Law.
• The Indian Constitution of 1950 has adopted this arrangement
wherein in family or personal matters, customary laws of the
relevant religious groups or traditional communities apply.
39
 Vedas
• The Vedas are a collection of hymns and other religious texts
composed in India between about 1500 and 1000 BCE. It includes
elements such as liturgical material as well as mythological accounts,
poems, prayers, and formulas considered to be sacred by the Vedic
religion.
• The basic Vedic texts are the Samhita “Collections” of the four Vedas:
1. Rig-Veda “Knowledge of the Hymns of Praise”
2. Sama-Veda “Knowledge of the Melodies”
3. Yajur-Veda “Knowledge of the Sacrificial formulas”
4. Atharva-Veda “Knowledge of the Magic formulas”

40
 Dharma in Ancient India
• Dharma literally deals with duty, religion and inseparable quality of
the thing or order. It is formed based on the Vedas such as Smiriti and
Sruthi .
• Dharma was derived from Vedic concept Rita which means straight
line. Rita means Law of Nature.
• Dharma signifies moral laws based on righteousness. Dharma is
anything that is right, just and moral.
• Dharma aims for the welfare of the state and mainly to its people.

41
 Different phases in growth of Indian Law

Early Vedic Period -

• The law named Dharma occupied prime place in the Indian legal system
• King or the ruler was to rule according to Dharma.
• Dharma consists of Achara(rules of daily routine),
• Vyavahara(rules ordecrees or commands of the King) and
• Prayaschitta(Penance)
• Law and Morality co –existed together
• Policy of Danda or punishment followed
Later Vedic Period- The law came in the hands of few and they started misusing it . The position of
women got deteriorated.

42
 Growth of law in India

• With Coming of Moghuls - Ancient Indian Legal System was substituted by the
Muslim Law.

• Law of Shariah as laid down by Holy Quran.

• Allauddin Khilji arrogantly asserted “Law is what I say and not what Quran says”.

• Most of the Muslim rulers de-stabilised the ancient legal system .

43
 Growth of Law During Britishers

• With the Coming of Britishers- Radical change seen in Indian Legal system

• Lord Macaulay, the Law Member of the Governor-General – in –Council declared

Indian legal and political institutions as “dotages of Superstition”.

• Lord Macaulay codified the Indian Penal Code.

• Macaulay introduced the codification of laws by applying the principles of justice

equity and good conscience.

44
 Growth of Law And Constitution of India

• After Britishers, India became a free country

• Concept of Welfare State emerged

• India became sovereign, socialist , secular , democratic and republic nation .

• Role of FUNDAMENTAL RIGHTS

• Role of DIRECTIVE PRINCIPLES

• Role of FUNDAMENTAL DUTIES to make India a better nation

45
 Constitution of India
• The Constitution declares India to be a sovereign socialist democratic
republic, assuring its citizens of justice, equality, and liberty.
• It is the longest written constitution of any independent nation in the
world.
• It contains 395 articles and 12 schedules, as well as numerous
amendments, for a total of 1,17,369 words in the English language
version.

46
 Preamble of the Constitution
• We, the people of India,
• Having solemnly resolved to constitute India into a sovereign socialist
secular democratic republic and to secure to all its citizens:
• Justice, social, economic and political;
• Liberty of thought, expression, belief, faith and worship;
• Equality of status and of opportunity;
• And to promote among them all:
• Fraternity assuring the dignity of the individual and the unity and
integrity of the nation.
47
 Fundamental Rights
• Equality before the law.
• Freedom from discrimination on grounds of religion, race, caste, sex
or place of birth.
• Equality of opportunity in matters of public employment.
• Freedom of speech and expression.
• Right to assembly peacefully without arms.
• Protection against deprivation of life and personal liberty.
• Freedom of conscience and the profession, practice and propagation
of religion.
• To move freely through India, to reside and settle in any part of India.

48
 Fundamental Duties
• Added to the Constitution in 1977.
• To abide by the Constitution.
• Respect its ideals and institutions, the National Flag and the National
Anthem.
• To value and preserve the rich heritage of our composite culture.
• To protect and improve the national environment including forests,
lakes, rivers and wild life.
• To have compassion for living creations.
• To strive towards excellence in all spheres of individual and collective
activity.
49
 Greek Law
• The ancient Greek world had no single system of law; individual
states instead formed their own political and legal systems, although
these were arguably based largely on the same general principles.
• Resources for ancient Greek law are plentiful with primary sources
able to provide in depth information.
• The most widely-known Greek judicial system is that of 4 th century
classical Athens, traditionally associated with the birth of
democracy. It was primarily the abstract philosophical ideas
surrounding law and justice that had the greatest impact on later
societies, not the practical aspects of the legal system itself.

50
Contd..
• In most ancient Greek cities law and order was kept by a small force
of city guards.
• Greek cities demanded a high degree of loyalty from their citizens and
had strict laws against traitors and rebels.
• A kleroteria used colored balls to pick the jury for the day. It had a
small button on top and small balls that were red and blue.
• Each juror was given two bronze, one for the guilty verdict and one
for the innocent.

51
 Law
• Most city-states were governed by Oligarchy- a small group of rich
noblemen called aristocrats. Then a different system called Democracy was
introduced in Athens.
• There were no lawyers in Ancient Greece. Citizens were expected to know
the law and act as their own attorney in court.
• Each city-state had its own way of interpreting the law.
• Only citizens had legal rights. Powerless people included women, slaves
and immigrants.
• If a women or a slave had to be tried in court the could not represent
themselves in court. Their owner or guardian represented them.
• A vote of at least half the jurors plus one decided the result of the trial.

52
 Crime
• Some of the crimes in Ancient Greece were murder, theft and assault.
• Offending the gods gave the person bad luck on himself, his family,
friends and descendants. Also he brought shame and ill future on his
city.
• The worst thieves Kakoujrgi, they burglarized or stole purses and fine
clothing.

53
 Punishment
• When men were guilty of crime they were fined rather than getting
physically punished, unlike women or slaves who were more likely to
be punished with punishments like stoning or put into stocks.
• Citizens who were found guilty of stealing property were expected to
return the stolen object and pay twice its value.
• Women caught spying on male competitors at the Olympic games
were flung from Mount Typaeum into a deep chasm.

54
Contd..
• Murderers were sometimes thrown into a pit of sharp spikes called
the barathron.
• Serious criminals such as kidnappers were put to death.
• The Spartans cast their criminals into a dry well to die.
• People who were called exiles were cast out from their homeland and
forced to lave their family an property behind. The sentence for exile
was usually for long periods of time, such as 10 years to life.
• General punishment were mild, fines and loss of property. Some
more serious punishments consisted of poisoning, stoning and
beheading.

55
Contd..
• Greek legal life of the 5th and 4th centuries BCE was determined by
three dominant factors.
❑ Existence of a multiplicity of city-states
❑ Laws were laid down in written statutes
❑ Greek law was the absence of a body of jurisprudence

56
 Existence of A Multiplicity of City-states
• Polis, plural poleis, ancient Greek city-state. The small state
in Greece originated probably from the natural divisions of the
country by mountains and the sea and from the original local tribal
(ethnic) and cult divisions.
• There were several hundred poleis, the history and constitutions of
most of which are known only sketchily if at all.
• Thus, most ancient Greek history is recounted in terms of the
histories of Athens, Sparta, and a few others.

57
 Laws were laid down in written statutes
• More or less complete codes setting forth procedural methods
and substantive rules for the administration of justice.
• Lycurgus of Sparta
• Draco of Athens
• Solon Laws

58
 Lycurgus of Sparta

•Lycurgus of Sparta, mythical legislator, believed to have

lived between 8th and 7th c. BCE.
• The tradition says that the oracle of Delphi suggested
him a reform of Sparta's institutions.
• He came up with a new constitution called "Great
Rhetra" that was observed in Sparta for many centuries.
• In the Great Rhetra there are established the main
Spartan institutions, including:
• the diarchy (the simultaneous presence of two kings); the
council of the elders (gerusia); the people's assembly
(apella); and Sparta's traditional, very strict educational
system (called "agoge’").

59
 Draco of Athens

• Draco codified Athens' laws in 621 BCE, starting from criminal law.
• His collection of laws was exceptionally severe and provided for the
death penalty not only for homicide
(in order to stop the traditional practice of blood feuds), but even for
small infractions.

• (hence the adjective "draconian" = excessively harsh

and severe).

• Draco's laws were replaced by Solon's laws in the 6th c. BCE.

60
 Solon Laws
• Solon, an Athenian statesman and lawmaker, refined Draco's laws and
is credited with "democratizing" justice by making the courts more
accessible to citizens.
• Solon created many new laws that fit into the four basic categories of
Ancient Greek law.
• The only one of Draco's laws that Solon kept when he was appointed
law giver in about 594 BC was the law that established exile as the
penalty for homicide.

61
 Polis
• The polis (pl. poleis) was an ancient Greek form of
organization of society that was based on the
participation of its free members to political life.
• Unlike other ancient non-Greek town-states, the
polis' main characteristic wasn't the form of
government (democratic or oligarchic) but a concept
called "isonomia".
• Isonomia meant "equality of all citizens before the
law".
• The relations between the polis and the citizens were
thought to be part of a cosmic law, the natural order
of the universe.
62
 Greek law was the absence of a body of
jurisprudence
• Presentation of arguments suited to persuade the mass juries before
whom they had to argue, not in analyzing the legal system with the
object of obtaining a deeper insight into its implications.
• Nor, for that matter, did the philosophers care for the law as it was,
their aim being the discovery of abstract standards of justice.

63
 Political Rights
• Rights and duties of the citizen included politics, military service, and
religious duties.
• Only the free male adult citizens (politai) enjoyed political rights.
• Women, children, slaves, and free resident foreigners did not enjoy
any political rights.
• Political rights included taking up political offices, serving as judges,
and participating in assemblies.

64
 People without Political Rights
• The three main categories of people without political rights were
women, resident foreigners, and slaves.
• Women were under a strict control and in a completely passive
position.
• Their place was the house (oikos), that was insulated from the
external world.
• Marriages were arranged by the families and ingeneral the role of
women was limited to procreationand few other things at home.
• Priestesses and women of low social positionenjoyed some more
freedom.

65
 Citizens Duties
• Citizens didn't pay taxes but only customs duties on
trade.
• Citizens, however, were expected to "voluntarily"
finance the community with their own money to a
great extent.
• This was called "evergetism" (= “being a
benefactor”) and was for some citizens a good way
to start a political career;
• for others, it was their complete financial ruin.

66
 Religious Duties
• Military service was compulsory and lasted from 20 to 40 years of
age. Until 59 years of age one could be called to arms in extreme
cases.
• Religious duties were not clearly separated from political and
military ones, but every activity had a religious component.
• Religion had been the initial "glue" of the community and continued
to pervade all of the polis' life.
• The citizens belonged to different tribes that always retained a
certain importance along with the belonging to the same polis.

67
 Resident foreigners (metics)

• Foreigners who were not Greeks enjoyed almost no rights in the

poleis.
• Foreigners who were Greeks and lived in another polis mostly for
commercial reasons enjoyed only a slightly
better situation.
• They were called "metics" (in ancient Greek "metoikoi").
• In Athens, during the democratic period of the 5th and 4th
centuries, they were about the half of the free population and were
encouraged to stay to practice a craft;
• in other poleis, such as Sparta and Crete, foreigners were
not allowed to stay.
68
Contd..
• Metics were not only resident foreigners but also former slaves.
• Often metics were not allowed to marry local women and to own
land or houses.
• They enjoyed no political rights but they had to pay specific taxes
and to serve in the army or in the navy.
• They had to have a citizen who represented them and acted as their
guarantor.
• The laws had in general much worse conditions for them than for
citizens.
• In general the poleis tried to avoid the integration of noncitizens
into the community even if there were many complaints about the
injustice of their condition.

69
 Slaves
• Slaves were mostly prisoners of war or born from slaves.
• They belonged to the polis itself or (most of the times) to private
masters.
• They had no rights and were considered as tools, part of the
property, not as persons.
• They were necessary to the economy and performed most of the
physical jobs.
• Aristotle in his treatise "Politics" calls slaves "animated objects".
• Their economic value, however, meant that there was some kind of
legal protection for them.

70
 Stateless Persons
• These were Greeks who had been exiled from their polis, for example
due to a civil war or as a form of criminal punishment.
• They had no citizenship, that is they didn't belong to any polis, and
their condition was even worse and weaker than that of resident
foreigners.
• This was because the Greeks had no notion of individual rights
distinct from citizenship.
• The polis that accepted stateless persons had no duties towards
them, and they could only appeal to the traditionally sacred condition
of guest, and hope for the best.

71
 Tort Law
• A tort occurs when someone does harm to you or to your property
• Murder was a tort law, and the punishment was exile as set by Draco.
• Under Solon's laws, fine for rape was 100 drachmas, and the penalty
for theft depended on the amount stolen. Other offenses and
penalties were things like the offense of a dog bite, the penalty for
which was to surrender the dog wearing a three-cubit-long wooden
collar. Solon even made laws to serve as guidelines for the spacing
and placement of houses, walls, ditches, wells, beehives, and certain
types of trees.

72
 Family Law
• Solon also created many family laws, which were laws that regulated
the behavior of men and women. He wrote laws on allowances in
marriage and adoption, as well as laws concerning inheritances and
supporting roles of parents.
• Penalties for these laws were not set, but were enforced by the head
of the particular family.

73
 Public Law
• Public laws dictated how public services were to be provided and how
public functions should be conducted.
• Solon contributed some of these laws. He wrote laws that required
that people who lived a certain distance from public wells needed to
dig their own, laws that forbade the export of agricultural goods
except olive oil, laws that restricted the amount of land a man could
own, laws that allowed venders to charge any kind of interest rate
they wanted to, and even laws that prohibited dealing in perfume.

74
 Procedural law
• Procedural laws were guidelines that told judges how to use other
laws. These laws told in step-by-step detail how law should be
enforced. Procedural laws even included such minute details as how
many witnesses must be called forward for someone to be found
guilty of homicide.

75
 Law Givers
• Law givers were not rulers or kings, but appointed officials whose
only job was to write laws.
• Most of the lawgivers were middle class members of the aristocracy.
• The officials in the government wanted to make sure that law givers
would not take sides or be a part of just one group, otherwise laws
might be unfair. Because of this, law givers were not a part of normal
government, and they were considered political outsiders.

76
 Courts and Judicial System
• In order to have punishments carried out, the Ancient Greeks needed some
sort of system to "try," "convict," and "sentence" guilty persons. To do this,
they created a court system.
• Court officials were paid little, if anything, and most trials were completed
in the same day, private cases even more quickly.
• There were no "professional" court officials, no lawyers, and no official
judges.
• A normal case consisted of two "litigants," one who argued that an
unlawful act was committed, and the other argued his defense.
• The audience, or "jurors," would vote for one side or the other. The result
was either a guilty or not guilty, after which another vote by the jury would
decide the punishment.

77
 Assessment Pattern
• The students will be assessed on the basis of the development of the
understanding regarding the evolution of law.
• Empathising the state of mind of students as to how they are able to
establish co-relation between different legal systems
• Tracing down the process as to what are the similarities and
dissimilarities in evolution of different kinds of law as chalked out by
students

78
 APPLICATION
.The discipline of principles of legal system always helps the judges to
create new law.
It always focuses on the “Lawyer’s extraversion” i.e lawyers
examination of percepts, ideas, techniques and philosophies of law
beyond the formal system.
It helps to establish inter linkage and inter connection between other
disciplines and this helps us to understand the interlinkage between the
two in better form.
It always helps the laymen and the persons associated with the legal
field to understand various concepts of law by using comparative
method of study.
79
 REFERENCES
•Paranjape N.V, Studies in Jurisprudence and Legal Theory , Central Law
Agency, Allahabad, Edition 10th ,2017.

• Dr. S.R. Myneni, Legal Research Methodology (Allahabad Law Agency, 2017)

•Prof. Tushar Kanti, Textbook on Legal Methods, Legal Systems &

Research (Universal Law Publishing - An imprint of LexisNexis, 2015)

•Dr. G.P. Tripathi, Legal Methods (Central Law Publications. 2014)

80
THANK YOU