Legal History Class Report for module-1,2&3.

Harish B
BC0190016

Report for Module-1 (Introduction to Legal History)

In the first classes we have dealt with a general overview on legal history, its importance to a
legal graduate and its relevance in the modern world, we have also learned how without legal
history a law graduate is a mere mechanic and doesn’t have a complete understanding of the
underlying philosophy of law.
We then proceeded to look at various definition of many Greek philosophers such as Ulpian
and Unaximes, Ulpian had rightly called law a form of art or science. We also looked at
definitions of western legal scholars like Hobbes, William Blackstone, Immanuel Kant, Hegel
and Sir Henry Maine.
Followed by this was an elaborate discussion on the various challenges faced by law in the
modern world and the various legal systems such as common law, civil law, the socialist
legality and the religious system of law.
A discussion on the early forms of law which had originated from ancient civilization was
discussed. We then looked at the first formalized code of law for people, that is the
Napoleonic Code which helped people realize the civil relation between citizens and a state.
We then had detailed discussions on works of Henry Sumner Maine and F.W. Maitland.

Report for Module-II (Early Developments [1600-1836])

In this module, perhaps the most interesting and critical module, we looked at the various
changes and developments brought forward by our English invaders.
The British had come to India under the pretext of starting a company and thereby increasing
trade and profit, they had also introduced a handful of charter and all of these charters were
delivered from the powers of the crown. They were the charters of 1600, 1661, 1726 and
1753. These charters delivered unlimited powers to create, amend and exercise law making
powers on the Indian subcontinent, this was one of the first instances of a law-making
provision being conferred on the Indian sub-continent.
The next important discussion was the discussion on the trial of Captain Lancaster of the First
Voyage on 28th February 1616, this was one of the first documented trial that took place in
accordance with statutory provision on the Indian sub-continent.
The next discussion was based on the various settlements established by the East Indian
Company in Surat, Madras, Bombay and Calcutta. We also discussed upon the establishment
of Mayor’s court in 1726 and Supreme court at Calcutta at 1774. A discussion on the
Regulating Act, 1773; Pitts India Act, 1784; The Act of Settlement 1781, we also looked at
the various provisions underlying them.
The most important discussion was on the controversy regarding the Raja Nanda Kumar case,
the next discussions was on the part regarding the various reforms brought by Warren
Hastings and Lord Cornwallis from 1772 to 1793.

Report for Module-III (Evolution of Law and Legal Institutions)

In this module we discussed on the importance of personal laws and its development in the
Presidency towns established by the Company. Also along with personal laws, this period
also saw and increase in emphasis on criminal and laws relating to punishment, also the
charters conferred powers to establish courts of law to sit upon cases such as the
establishment of High Courts in the year 1861 under The Indian High Courts Act, 1861, these
high courts generally dealt with offences relating to Britishers, the company had also
established Adalat’s to try the natives in various civil and criminal cases.
The most important discussion in this section was about the Racial discrimination between
the natives and the English settlers, the presidency towns in Chennai was divided into white
and black town, separate laws applied to them, some of them were unfair and some of them
were aptly applied.

Thank you.