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HISTORY NOTES FOR STUDENTS OF LAW, Lecture notes of History

r laHistory notes for 1st semester students of law w

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2018/2019

Uploaded on 09/22/2019

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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
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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.”

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 Historiography

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
  1. Nature of historical past in itself
  2. Personal biases and prejudices on the part of the historian
  3. Selection of certain materials among many by the historian
  4. Partisanship by the historian
  5. Conflicting theories of interpretation(e.g.empiricism,Marxism,etc)
  6. 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

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.

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

  1. 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

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

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.