Legal history or the history of law is the study of how

law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a science and as the ar ...

has

evolved Evolution is the change in the heritable Phenotypic trait, characteristics of biological populations over successive generations. It occurs when evolutionary processes such as natural selection and genetic drift act on genetic variation, re ...

and why it has changed. Legal history is closely connected to the development of civilizations and operates in the wider context of

social history Social history, often called history from below, is a field of history that looks at the lived experience of the past. Historians who write social history are called social historians. Social history came to prominence in the 1960s, spreading f ...

. Certain jurists and historians of legal process have seen legal history as the recording of the evolution of laws and the technical explanation of how these laws have evolved with the view of better understanding the origins of various legal concepts; some consider legal history a branch of

intellectual history Intellectual history (also the history of ideas) is the study of the history of human thought and of intellectuals, people who conceptualization, conceptualize, discuss, write about, and concern themselves with ideas. The investigative premise of ...

. Twentieth-century

historian A historian is a person who studies and writes about the past and is regarded as an authority on it. Historians are concerned with the continuous, methodical narrative and research of past events as relating to the human species; as well as the ...

s viewed legal history in a more contextualised manner – more in line with the thinking of social historians. They have looked at legal institutions as complex systems of rules, players and symbols and have seen these elements interact with

society A society () is a group of individuals involved in persistent social interaction or a large social group sharing the same spatial or social territory, typically subject to the same political authority and dominant cultural expectations. ...

to change, adapt, resist or promote certain aspects of

civil society Civil society can be understood as the "third sector" of society, distinct from government and business, and including the family and the private sphere.case histories from the parameters of

social-science Social science (often rendered in the plural as the social sciences) is one of the branches of science, devoted to the study of society, societies and the Social relation, relationships among members within those societies. The term was former ...

inquiry, using statistical methods, analysing

class Class, Classes, or The Class may refer to: Common uses not otherwise categorized * Class (biology), a taxonomic rank * Class (knowledge representation), a collection of individuals or objects * Class (philosophy), an analytical concept used d ...

distinctions among litigants, petitioners and other players in various legal processes. By analyzing case outcomes, transaction costs, and numbers of settled cases, they have begun an analysis of legal institutions, practices, procedures and briefs that gives a more complex picture of law and society than the study of

jurisprudence Jurisprudence, also known as theory of law or philosophy of law, is the examination in a general perspective of what law is and what it ought to be. It investigates issues such as the definition of law; legal validity; legal norms and values ...

case law Case law, also used interchangeably with common law, is a law that is based on precedents, that is the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. Case law uses the detailed facts of ...

and

civil code A civil code is a codification of private law relating to property law, property, family law, family, and law of obligations, obligations. A jurisdiction that has a civil code generally also has a code of civil procedure. In some jurisdiction ...

s can achieve.

Ancient world

Ancient Egypt Ancient Egypt () was a cradle of civilization concentrated along the lower reaches of the Nile River in Northeast Africa. It emerged from prehistoric Egypt around 3150BC (according to conventional Egyptian chronology), when Upper and Lower E ...

ian law, dating as far back as 3000 BC, was based on the concept of Ma'at, and was characterised by tradition,

rhetoric Rhetoric is the art of persuasion. It is one of the three ancient arts of discourse ( trivium) along with grammar and logic/ dialectic. As an academic discipline within the humanities, rhetoric aims to study the techniques that speakers or w ...

al speech, social equality and impartiality. By the 22nd century BC,

Ur-Nammu Ur-Nammu (or Ur-Namma, Ur-Engur, Ur-Gur, Sumerian language, Sumerian: ; died 2094 BC) founded the Sumerian Third Dynasty of Ur, in southern Mesopotamia, following several centuries of Akkadian Empire, Akkadian and Gutian period, Gutian rule. Thou ...

, an ancient

Sumer Sumer () is the earliest known civilization, located in the historical region of southern Mesopotamia (now south-central Iraq), emerging during the Chalcolithic and Early Bronze Age, early Bronze Ages between the sixth and fifth millennium BC. ...

ian ruler, formulated the first extant law code, consisting of casuistic statements ("if... then..."). Around 1760 BC, King Hammurabi further developed

Babylonian law Babylonian law is a subset of cuneiform law that has received particular study due to the large amount of archaeological material that has been found for it. So-called "contracts" exist in the thousands, including a great variety of deeds, co ...

, by codifying and inscribing it in stone. Hammurabi placed several copies of his law code throughout the kingdom of Babylon as

stelae A stele ( ) or stela ( )The plural in English is sometimes stelai ( ) based on direct transliteration of the Greek, sometimes stelae or stelæ ( ) based on the inflection of Greek nouns in Latin, and sometimes anglicized to steles ( ) or stela ...

, for the entire public to see; this became known as the Codex Hammurabi. The most intact copy of these stelae was discovered in the 19th century by British Assyriologists, and has since been fully

transliterated Transliteration is a type of conversion of a text from one writing system, script to another that involves swapping Letter (alphabet), letters (thus ''wikt:trans-#Prefix, trans-'' + ''wikt:littera#Latin, liter-'') in predictable ways, such as ...

and translated into various languages, including English, German and French. Ancient Greek has no single word for "law" as an abstract concept, retaining instead the distinction between divine law (''thémis''), human decree (''nómos'') and custom (''díkē''). Yet

Ancient Greek law Ancient Greek laws consist of the laws and legal institutions of ancient Greece. The existence of certain general principles of law in ancient Greece is implied by the custom of settling a difference between two Greek states, or between members ...

contained major constitutional innovations in the development of

democracy Democracy (from , ''dēmos'' 'people' and ''kratos'' 'rule') is a form of government in which political power is vested in the people or the population of a state. Under a minimalist definition of democracy, rulers are elected through competitiv ...

Southern Asia

Ancient India Anatomically modern humans first arrived on the Indian subcontinent between 73,000 and 55,000 years ago. The earliest known human remains in South Asia date to 30,000 years ago. Sedentism, Sedentariness began in South Asia around 7000 BCE; ...

and

China China, officially the People's Republic of China (PRC), is a country in East Asia. With population of China, a population exceeding 1.4 billion, it is the list of countries by population (United Nations), second-most populous country after ...

represent distinct traditions of law, and had historically independent schools of legal theory and practice. The ''

Arthashastra ''Kautilya's Arthashastra'' (, ; ) is an Ancient Indian Sanskrit treatise on statecraft, politics, economic policy and military strategy. The text is likely the work of several authors over centuries, starting as a compilation of ''Arthashas ...

'', dating from the 400 BC, and the ''

Manusmriti The ''Manusmṛti'' (), also known as the ''Mānava-Dharmaśāstra'' or the Laws of Manu, is one of the many legal texts and constitutions among the many ' of Hinduism. Over fifty manuscripts of the ''Manusmriti'' are now known, but the earli ...

'' from 100 BCE were influential treatises in India, texts that were considered authoritative legal guidance. Manu's central philosophy was tolerance and pluralism, and was cited across South East Asia. During the Muslim conquests in the Indian subcontinent,

sharia Sharia, Sharī'ah, Shari'a, or Shariah () is a body of religious law that forms a part of the Islamic tradition based on Islamic holy books, scriptures of Islam, particularly the Quran, Qur'an and hadith. In Islamic terminology ''sharīʿah'' ...

was established by the Muslim sultanates and empires, most notably

Mughal Empire The Mughal Empire was an Early modern period, early modern empire in South Asia. At its peak, the empire stretched from the outer fringes of the Indus River Basin in the west, northern Afghanistan in the northwest, and Kashmir in the north, to ...

Fatawa-e-Alamgiri Fatawa 'Alamgiri, also called Al-Fatawa al-Hindiyyah (; ), Fatawa-e-Alamgiri or Al-Fatawa al-'Alamkiriyyah (; ), is a 17th-century sharia based compilation on statecraft, general ethics, military strategy, economic policy, justice and punishment, ...

, compiled by emperor

Aurangzeb Alamgir I (Muhi al-Din Muhammad; 3 November 1618 – 3 March 1707), commonly known by the title Aurangzeb, also called Aurangzeb the Conqueror, was the sixth Mughal emperors, Mughal emperor, reigning from 1658 until his death in 1707, becomi ...

and various scholars of Islam. After British colonialism, Hindu tradition, along with Islamic law, was supplanted by the common law when India became part of the

British Empire The British Empire comprised the dominions, Crown colony, colonies, protectorates, League of Nations mandate, mandates, and other Dependent territory, territories ruled or administered by the United Kingdom and its predecessor states. It bega ...

. Malaysia, Brunei, Singapore and

Hong Kong Hong Kong)., Legally Hong Kong, China in international treaties and organizations. is a special administrative region of China. With 7.5 million residents in a territory, Hong Kong is the fourth most densely populated region in the wor ...

also adopted the common law.

Eastern Asia

The eastern Asia legal tradition reflects a unique blend of secular and religious influences. Japan was the first country to begin modernising its legal system along western lines, by importing bits of the French, but mostly the German Civil Code. This partly reflected Germany's status as a rising power in the late nineteenth century. Similarly, traditional Chinese law gave way to westernisation towards the final years of the

Qing dynasty The Qing dynasty ( ), officially the Great Qing, was a Manchu-led Dynasties of China, imperial dynasty of China and an early modern empire in East Asia. The last imperial dynasty in Chinese history, the Qing dynasty was preceded by the ...

in the form of six private law codes based mainly on the Japanese model of German law. Today Taiwanese law retains the closest affinity to the codifications from that period, because of the split between Chiang Kai-shek's nationalists, who fled there, and

Mao Zedong Mao Zedong pronounced ; traditionally Romanization of Chinese, romanised as Mao Tse-tung. (26December 18939September 1976) was a Chinese politician, revolutionary, and political theorist who founded the People's Republic of China (PRC) in ...

's communists who won control of the mainland in 1949. The current legal infrastructure in the

People's Republic of China China, officially the People's Republic of China (PRC), is a country in East Asia. With population of China, a population exceeding 1.4 billion, it is the list of countries by population (United Nations), second-most populous country after ...

was heavily influenced by soviet Socialist law, which essentially inflates administrative law at the expense of private law rights. Today, however, because of rapid industrialisation China has been reforming, at least in terms of economic (if not social and political) rights. A new contract code in 1999 represented a turn away from administrative domination. Furthermore, after negotiations lasting fifteen years, in 2001 China joined the

World Trade Organization The World Trade Organization (WTO) is an intergovernmental organization headquartered in Geneva, Switzerland that regulates and facilitates international trade. Governments use the organization to establish, revise, and enforce the rules that g ...

. *

Yassa The Yassa (alternatively ''Yasa'', ''Yasaq'', ''Jazag'' or ''Zasag''; ) was the oral law code of the Mongols, gradually built up through the reign of Genghis Khan. It was the '' de facto'' law of the Mongol Empire, even though the "law" was kep ...

of the

Mongol Empire The Mongol Empire was the List of largest empires, largest contiguous empire in human history, history. Originating in present-day Mongolia in East Asia, the Mongol Empire at its height stretched from the Sea of Japan to parts of Eastern Euro ...

Canon law

The legal history of the

Catholic Church The Catholic Church (), also known as the Roman Catholic Church, is the List of Christian denominations by number of members, largest Christian church, with 1.27 to 1.41 billion baptized Catholics Catholic Church by country, worldwid ...

is the history of

Catholic canon law The canon law of the Catholic Church () is "how the Church organizes and governs herself". It is the system of religious laws and ecclesiastical legal principles made and enforced by the hierarchical authorities of the Catholic Church to regul ...

, the oldest continuously functioning legal system in the West. Canon law originates much later than

Roman law Roman law is the law, legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (), to the (AD 529) ordered by Eastern Roman emperor Justinian I. Roman law also den ...

but predates the evolution of modern European civil law traditions. The cultural exchange between the secular (Roman/Barbarian) and ecclesiastical (canon) law produced the

jus commune or is Latin for "common law" in certain jurisdictions. It is often used by Civil law (legal system), civil law jurists to refer to those aspects of the civil law system's invariant legal principles, sometimes called "the law of the land" in Eng ...

and greatly influenced both civil and common law. The history of Latin

canon law Canon law (from , , a 'straight measuring rod, ruler') is a set of ordinances and regulations made by ecclesiastical jurisdiction, ecclesiastical authority (church leadership) for the government of a Christian organization or church and its membe ...

can be divided into four periods: the ''jus antiquum'', the ''jus novum'', the ''jus novissimum'' and the ''Code of Canon Law''.Della Rocca, ''Manual of Canon Law,'' pg. 13, #8 In relation to the Code, history can be divided into the ''jus vetus'' (all law before the Code) and the ''jus novum'' (the law of the Code, or ''jus codicis''). Eastern canon law developed separately. In the twentieth century, canon law was comprehensively codified. On 27 May 1917, Pope Benedict XV codified the

1917 Code of Canon Law The 1917 ''Code of Canon Law'' (abbreviated 1917 CIC, from its Latin title ), also referred to as the Pio-Benedictine Code,Dr. Edward Peters accessed June-9-2013 is the first official comprehensive codification (law), codification of Canon law ...

John XXIII Pope John XXIII (born Angelo Giuseppe Roncalli; 25 November 18813 June 1963) was head of the Catholic Church and sovereign of the Vatican City State from 28 October 1958 until his death on 3 June 1963. He is the most recent pope to take ...

, together with his intention to call the

Second Vatican Council The Second Ecumenical Council of the Vatican, commonly known as the or , was the 21st and most recent ecumenical council of the Catholic Church. The council met each autumn from 1962 to 1965 in St. Peter's Basilica in Vatican City for session ...

, announced his intention to reform canon law, which culminated in the

1983 Code of Canon Law The 1983 ''Code of Canon Law'' (abbreviated 1983 CIC from its Latin title ''Codex Iuris Canonici''), also called the Johanno-Pauline Code, is the "fundamental body of Ecclesiastical Law, ecclesiastical laws for the Latin Church". It is the sec ...

, promulgated by

John Paul II Pope John Paul II (born Karol Józef Wojtyła; 18 May 19202 April 2005) was head of the Catholic Church and sovereign of the Vatican City State from 16 October 1978 until Death and funeral of Pope John Paul II, his death in 2005. In his you ...

on 25 January 1983. John Paul II also brought to a close the long process of codifying the Eastern Catholic canon law common to all 23 sui juris Eastern Catholic Churches on 18 October 1990 by promulgating the

Code of Canons of the Eastern Churches The ''Code of Canons of the Eastern Churches'' (CCEC; , abbreviated CCEO) is the title of the 1990 work which is a codification of the common portions of the canon law for the 23 Eastern Catholic Churches in the Catholic Church. It is divided i ...

Islamic law

One of the major legal systems developed during the Middle Ages was

Islamic law Sharia, Sharī'ah, Shari'a, or Shariah () is a body of religious law that forms a part of the Islamic tradition based on scriptures of Islam, particularly the Qur'an and hadith. In Islamic terminology ''sharīʿah'' refers to immutable, intan ...

and

. A number of important legal institutions were developed by Islamic jurists during the classical period of

and

. One such institution was the '' Hawala'', an early informal value transfer system, which is mentioned in texts of

Islamic jurisprudence ''Fiqh'' (; ) is the term for Islamic jurisprudence.Fiqh
Encyclopædia Britannica ''Fiqh'' is of ...

as early as the 8th century. ''Hawala'' itself later influenced the development of the ''Aval'' in French civil law and the ''Avallo'' in Italian law.

European laws

Roman Empire

was heavily influenced by Greek teachings. It forms the bridge to the modern legal world, over the centuries between the rise and decline of the

Roman Empire The Roman Empire ruled the Mediterranean and much of Europe, Western Asia and North Africa. The Roman people, Romans conquered most of this during the Roman Republic, Republic, and it was ruled by emperors following Octavian's assumption of ...

.As a legal system, Roman law has affected the development of law in most of Western civilization as well as in parts of the

Eastern world The Eastern world, also known as the East or historically the Orient, is an umbrella term for various cultures or social structures, nations and philosophical systems, which vary depending on the context. It most often includes Asia, the ...

. It also forms the basis for the law codes of most countries of continental Europe (). Roman law, in the days of the

Roman Republic The Roman Republic ( ) was the era of Ancient Rome, classical Roman civilisation beginning with Overthrow of the Roman monarchy, the overthrow of the Roman Kingdom (traditionally dated to 509 BC) and ending in 27 BC with the establis ...

and

Empire An empire is a political unit made up of several territories, military outpost (military), outposts, and peoples, "usually created by conquest, and divided between a hegemony, dominant center and subordinate peripheries". The center of the ...

, was heavily procedural and there was no professional legal class. Instead a lay person, ''iudex'', was chosen to adjudicate. Precedents were not reported, so any case law that developed was disguised and almost unrecognised. Each case was to be decided afresh from the laws of the state, which mirrors the (theoretical) unimportance of judges' decisions for future cases in civil law systems today. During the 6th century AD in the Eastern Roman Empire, the Emperor

Justinian Justinian I (, ; 48214 November 565), also known as Justinian the Great, was Roman emperor from 527 to 565. His reign was marked by the ambitious but only partly realized ''renovatio imperii'', or "restoration of the Empire". This ambition was ...

codified and consolidated the laws that had existed in Rome so that what remained was one twentieth of the mass of legal texts from before. This became known as the ''

Corpus Juris Civilis The ''Corpus Juris'' (or ''Iuris'') ''Civilis'' ("Body of Civil Law") is the modern name for a collection of fundamental works in jurisprudence, enacted from 529 to 534 by order of Byzantine Emperor Justinian I. It is also sometimes referred ...

''. As one legal historian wrote, "Justinian consciously looked back to the golden age of Roman law and aimed to restore it to the peak it had reached three centuries before."

Middle Ages

During the

Byzantine Empire The Byzantine Empire, also known as the Eastern Roman Empire, was the continuation of the Roman Empire centred on Constantinople during late antiquity and the Middle Ages. Having survived History of the Roman Empire, the events that caused the ...

the

Justinian Code The ''Corpus Juris'' (or ''Iuris'') ''Civilis'' ("Body of Civil Law") is the modern name for a collection of fundamental works in jurisprudence, enacted from 529 to 534 by order of Byzantine Emperor Justinian I. It is also sometimes referred ...

was expanded and remained in force until the Empire fell, though it was never officially introduced to the West. Instead, following the fall of the Western Empire and in former Roman countries, the ruling classes relied on the Theodosian Code to govern natives and Germanic customary law for the Germanic incomers – a system known as folk-right – until the two laws blended together. Since the Roman court system had broken down, legal disputes were adjudicated according to Germanic custom by assemblies of learned lawspeakers in rigid ceremonies and in oral proceedings that relied heavily on

testimony Testimony is a solemn attestation as to the truth of a matter. Etymology The words "testimony" and "testify" both derive from the Latin word ''testis'', referring to the notion of a disinterested third-party witness. Law In the law, testimon ...

. After much of the West was consolidated under

Charlemagne Charlemagne ( ; 2 April 748 – 28 January 814) was List of Frankish kings, King of the Franks from 768, List of kings of the Lombards, King of the Lombards from 774, and Holy Roman Emperor, Emperor of what is now known as the Carolingian ...

, law became centralized so as to strengthen the royal court system, and consequently

, and abolished folk-right. However, once Charlemagne's kingdom definitively splintered, Europe became feudalistic, and law was generally not governed above the county, municipal or lordship level, thereby creating a highly decentralized legal culture that favored the development of customary law founded on localized case law. However, in the 11th century,

crusaders The Crusades were a series of religious wars initiated, supported, and at times directed by the Papacy during the Middle Ages. The most prominent of these were the campaigns to the Holy Land aimed at reclaiming Jerusalem and its surrounding ...

, having pillaged the

, returned with Byzantine legal texts including the Justinian Code, and scholars at the

University of Bologna The University of Bologna (, abbreviated Unibo) is a Public university, public research university in Bologna, Italy. Teaching began around 1088, with the university becoming organised as guilds of students () by the late 12th century. It is the ...

were the first to use them to interpret their own customary laws. Medieval European legal scholars began researching the

and using its concepts and prepared the way for the partial resurrection of Roman law as the modern civil law in a large part of the world. There was, however, a great deal of resistance so that civil law rivaled customary law for much of the late Middle Ages. After the

Norman conquest of England The Norman Conquest (or the Conquest) was the 11th-century invasion and occupation of England by an army made up of thousands of Normans, Norman, French people, French, Flemish people, Flemish, and Bretons, Breton troops, all led by the Du ...

, which introduced Norman legal concepts into medieval England, the English King's powerful judges developed a body of

precedent Precedent is a judicial decision that serves as an authority for courts when deciding subsequent identical or similar cases. Fundamental to common law legal systems, precedent operates under the principle of ''stare decisis'' ("to stand by thin ...

that became the

common law Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...

. suggests that there may have been some importation of Islamic concepts as well, but others have shown that occasional similarities are more likely coincidence than causal. In particular, Henry II instituted legal reforms and developed a system of royal courts administered by a small number of judges who lived in

Westminster Westminster is the main settlement of the City of Westminster in Central London, Central London, England. It extends from the River Thames to Oxford Street and has many famous landmarks, including the Palace of Westminster, Buckingham Palace, ...

and traveled throughout the kingdom. Henry II also instituted the

Assize of Clarendon The Assize of Clarendon was an act of Henry II of England in 1166 that began a transformation of English law and led to Jury trial, trial by jury in common law countries worldwide, and that established assize courts. Prior systems for deciding ...

in 1166, which allowed for jury trials and reduced the number of trials by combat. Louis IX of France also undertook major legal reforms and, inspired by

ecclesiastical court In organized Christianity, an ecclesiastical court, also called court Christian or court spiritual, is any of certain non-adversarial courts conducted by church-approved officials having jurisdiction mainly in spiritual or religious matters. Histo ...

procedure, extended Canon-law evidence and inquisitorial-trial systems to the royal courts. In 1280 and 1295 measures were instituted by the Court of Arches and other authorities in London to improve the conduct of lawyers in the courts. Also, judges no longer moved on circuits becoming fixed to their jurisdictions, and jurors were nominated by parties to the legal dispute rather than by the sheriff. In addition, by the 10th century, the Law Merchant, first founded on Scandinavian trade customs, then solidified by the

Hanseatic League The Hanseatic League was a Middle Ages, medieval commercial and defensive network of merchant guilds and market towns in Central Europe, Central and Northern Europe, Northern Europe. Growing from a few Northern Germany, North German towns in the ...

, took shape so that merchants could trade using familiar standards, rather than the many splintered types of local law. A precursor to modern commercial law, the Law Merchant emphasised the freedom of contract and alienability of property.

Modern European law

The two main traditions of modern European law are the codified legal systems of most of continental Europe, and the English tradition based on case law. As

nationalism Nationalism is an idea or movement that holds that the nation should be congruent with the state. As a movement, it presupposes the existence and tends to promote the interests of a particular nation, Smith, Anthony. ''Nationalism: Theory, I ...

grew in the 18th and 19th centuries, ''lex mercatoria'' was incorporated into countries' local law under new civil codes. Of these, the French

Napoleonic Code The Napoleonic Code (), officially the Civil Code of the French (; simply referred to as ), is the French civil code established during the French Consulate in 1804 and still in force in France, although heavily and frequently amended since i ...

and the German

Bürgerliches Gesetzbuch The ''Bürgerliches Gesetzbuch'' (, ), abbreviated BGB, is the civil code of Germany, codifying most generally-applicably private law. In development since 1881, it became effective on 1 January 1900, and was considered a massive and groundbr ...

became the most influential. As opposed to English

, which consists of massive tomes of case law, codes in small books are easy to export and for judges to apply. However, today there are signs that civil and common law are converging.

European Union law European Union law is a system of Supranational union, supranational Law, laws operating within the 27 member states of the European Union (EU). It has grown over time since the 1952 founding of the European Coal and Steel Community, to promote ...

is codified in treaties, but develops through the

set down by the

European Court of Justice The European Court of Justice (ECJ), officially the Court of Justice (), is the supreme court of the European Union in matters of European Union law. As a part of the Court of Justice of the European Union, it is tasked with interpreting ...

African law

The African law system is based on common law and civilian law. Many legal systems in Africa were based on ethnic customs and traditions before colonization took over their original system. The people listened to their elders and relied on them as mediators during disputes. Several states didn't keep written records, as their laws were often passed orally. In the

Mali Empire The Mali Empire (Manding languages, Manding: ''Mandé''Ki-Zerbo, Joseph: ''UNESCO General History of Africa, Vol. IV, Abridged Edition: Africa from the Twelfth to the Sixteenth Century'', p. 57. University of California Press, 1997. or ''Manden ...

, the Kouroukan Fouga, was proclaimed in 1222–1236 AD as the official constitution of the state. It defined regulations in both constitutional and civil matters. The provisions of the constitution are still transmitted to this day by

griot A griot (; ; Manding languages, Manding: or (in N'Ko script, N'Ko: , or in French spelling); also spelt Djali; or / ; ) is a West African historian, storyteller, praise singer, poet, and/or musician. Griots are masters of communicatin ...

s under oath. During colonization, authorities in Africa developed an official legal system called the Native Courts. After colonialism, the major faiths that stayed were Buddhism, Hinduism, and Judaism.

United States

The

United States legal system The law of the United States comprises many levels of Codification (law), codified and uncodified forms of law, of which the supreme law is the nation's Constitution of the United States, Constitution, which prescribes the foundation of the ...

developed primarily out of the English common law system (with the exception of the state of

Louisiana Louisiana ( ; ; ) is a state in the Deep South and South Central regions of the United States. It borders Texas to the west, Arkansas to the north, and Mississippi to the east. Of the 50 U.S. states, it ranks 31st in area and 25 ...

, which continued to follow the French civilian system after being admitted to statehood). Some concepts from Spanish law, such as the prior appropriation doctrine and community property, still persist in some US states, particularly those that were part of the

Mexican Cession The Mexican Cession () is the region in the modern-day Western United States that Mexico Mexico, officially the United Mexican States, is a country in North America. It is the northernmost country in Latin America, and borders the United S ...

in 1848. Under the doctrine of

federalism Federalism is a mode of government that combines a general level of government (a central or federal government) with a regional level of sub-unit governments (e.g., provinces, State (sub-national), states, Canton (administrative division), ca ...

, each state has its own separate court system, and the ability to legislate within areas not reserved to the

federal government A federation (also called a federal state) is an entity characterized by a political union, union of partially federated state, self-governing provinces, states, or other regions under a #Federal governments, federal government (federalism) ...

Global Legal Traditions

A comprehensive view of legal history must encompass legal systems beyond the Western tradition. Scholars have increasingly focused on non-Western frameworks, such as Islamic law, which emphasizes religious principles; Confucian legal traditions, where moral conduct is integral to law; and the adaptive nature of African customary law. By comparing these diverse systems with Western legal developments, researchers have highlighted both striking differences and unexpected similarities, thereby enriching our understanding of law as a global phenomenon.

Notes

References

* * * * * Sadakat Kadri, ''The Trial: A History from Socrates to O.J. Simpson'', HarperCollins 2005. * * * * * *Kempin, Jr., Frederick G. (1963). ''Legal History: Law and Social Change''. Englewood Cliffs, New Jersey: Prentice-Hall.

External links

The Legal History Project (Resources and interviews)

The Roman Law Library
by Yves Lassard and Alexandr Koptev.
CHD Centre for Legal History
– Faculty of Law, University of Rennes 1
Centre for Legal History
– Edinburgh Law School
The European Society for History of Law

Collection of Historical Statutory Material
– Cornell Law Library
Historical Laws of Hong Kong Online
– University of Hong Kong Libraries, Digital Initiatives
Basic Law Drafting History Online
-University of Hong Kong Libraries, Digital Initiatives {{DEFAULTSORT:Legal History Jurisprudence Academic disciplines History of science by discipline