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r laHistory notes for 1st semester students of law w
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● 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
● Definitions, Aims, Objectives and Values ● Interpretation of History ● Development of Law and Custom
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.
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.”
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.
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.
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.
*V.A Smith - communal aspects of history
*Archaeological and Literary (Indigenous and Foreign) *Indigenous & Foreign Accounts
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
There were laws from time immemorial.
● Ancient Indian History ● Unity in Diversity ● Society, Polity, Economy and Education in Ancient India ● Administration of Justice in Ancient India
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 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.
● 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
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
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;
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
● 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.