RELATIONSHIP

BETWEEN LAW AND

HISTORY

LEGAL INSTITUTION DEVELOP AS

OTHER SOCIAL INSTITUTIONS
DEVELOP.IT FOLLOWS FROM THIS
THAT THE LAW IS THE BODY OF
PRINCIPLES APPLIED BY THE
COURTS IN THE EXERCISE OF THEIR
JURISDICTION AND ITS SOURCES
ARE CUSTOM,JUDICIAL
CONSTRUCTION AND PRECEDENTS
AND LEGISLATIVE ENACTMENTS.

THE JUDICIAL RECOGNITION OF CUSTOM

PROVIDES FOR THE LEGAL REGULATION OF THE
SOCIAL FACTS AND CIRCUMSTANCES WHICH
LAW CANNOT READILY TAKE COGNIZANCE OF.
SIMILARLY A STATEMENT MADE BY A JUDGE IN
THE COURSE OF THE JUDGEMENT BY WAY OF
EXPLANATION OR ILLUSTRATION OR GENERAL
EXPOSITION OF THE LAW BECOMES A
PRECEDENTSUCH OBITER DICTA HAVE NO
BINDING FORCE BUT ARE ENTITLED TO RESPECT.

LAW AND HISTORY

THE HABITS AND CUSTOMS OF THE

PEOPLE ,THEIR HISTORY AND
TRADITIONS ,THEIR QUALITIES OF
CHARACTER AND CONDUCT ,SOCIAL
LIFE AND RELIGIOUS BELIEFS ARE
REPRESENTED IN THE LAW OF THE
STATE .

THE KNOWLEDGE OF THE SOURCE

OF LAW AND THE WAY THAT THE
PRESENT LEGAL SYSTEM HAS COME
TO BE EVOLVED ,WHICH CAN BE
CONSIDERED AS THE ESSENCE OF
THE SUBJECT MATTER OF LEGAL
HISTORY ,CONNECTS LAW AND
HISTORY.

LEGISLATION AS A SOURCE OF LAW

IS INSEPERABLE FROM A PROCESS
OF INTERPRETATION BY THE
COURTS. IN SUCH CASES THEIR HAS
TO BE HISTORICAL INTERPRETATION
OF WHICH IN TURN REQUIRES A
THROUGH KNOWLEDGE OF
HISTORICAL BACKGROUND FOR THE
ENACTMENT.

THEORIES AS TO THE ORIGIN AND

THE FUCTION OF THE STATE ,IDEAS
AS REGARDS THE MEANING AND
PURPOSE OF LIFE ,THE SANCTION
BY WHICH SOCIAL DUTIES ARE
ENFORCED IN THE COMMUNITY ,ARE
SOME OTHER FACTORS THAT HAVE
DETERMINED THE NATURE OF LAW
IN HISTORY.

SOME HAVE ARGUED THAT THE LEGAL

HISTORIAN MUST BE A LAWYER.WITHOUT
THE KNOWLEDGE OF HISTORY IT MAY
NOT BE POSSIBLE FOR THE LEGAL
HISTORIAN TO GET A BETTER LOOK INTO
THE ISSUES INVOLVED NECESSIATING
ENACTMENTSWHICH ALONE WILL ENABLE
HIM TO PERCEIVE ITS TRUE
IMPORT.THEREFORE, HISTORY AND LAW
ARE MUTUALLY DEPENDENT ON ONE
ANOTHER.