There is not a single society in the landscape of time and space which has not witnessed anarchy and law simultaneously. The urgency of law is hidden in the anarchy itself otherwise who cares about law and its regulations. Undoubtedly, emergence of society and its organization require rules for the maintenance of order. And in case of deviance, law is used as a therapeutic tool to maintain the discipline in the functioning of institutions for the social goods. Society is no abstract entity rather it is composed of flesh and blood of human beings, who make sacrifices for its sustenance and also enjoy freedoms in abundance. There is no question to question the very necessity of law in the imagination of society. Many civilizations since antiquity imagined about law either developed in mythical literatures, theological rationalization, or in terms of secular codes. Solon was considered as the first law giver in Athens like Manu, Brihaspati, Narda, Vishnu, etc. in India. He opened the institutions for the public at large and checked the authorities through the imposition of legal regulations. He gave a taste of democratic ethos in Athenian society. Indian continents also witnessed many law givers in antiquity. Vedas were considered as the revealed knowledge encompassing all the possible wisdom, but juridically law was developed through dharma-sutras and dharmashastras. Mimansa as a critical tradition of scholarship provided hermeneutic tool to question and interpret the text critically and un-dogmatically so as to arrive at the logical precision of law. Many questions the characters of Indian law on the ground of its close affinity to sacredness. Unlike Romans, who freed themselves from the divine wrath in search of secular law. However, Indian continents witnessed the vitality of law in form of usage and customs. Institutions responsible to administer law and justice were diffused rather than organized around state and its institutions. This gave enough scope for the development of law in terms of local necessity instead of rationalizing it as a grand systematic institution.
Romans, on the contrary, were the first civilization in antiquity, which are credited to the development of jurisprudence with systematic zeal to codify law and develop equitable principles in the interest of justice. Legal profession in modern form was developed by Romans. Art of advocacy was reliant on the discipline of rhetoric developed by Aristotle. Best lawyers were considered as the best orator, who could persuasively convince the magistrate in favour of his client. Juris-Consults were instrumental in the development of legal-equitable principles to solve the pressing disputes. With the use of logic, sometimes, they use to develop principles in hypothetical sense. Praeters' edicts were largely responsible for the development of equitable principles which were later adopted by Chancery courts in England. Since the development of Twelve Table to the consolidation of law known as Justinian Code, Romans developed the sophisticated art of Jurisprudence, which was invisible in Greek and other ancient civilizations. Common Law system or Continental systems owe much to the Romans for their development of jurisprudence. Montesquieu, Bentham, Austin, or Dicey, all developed their juristic imagination in awe and inspiration of Romans. And Jurisprudence as an art of law and justice is still thriving under the influence of Roman's legacy, though society has witnessed a great transformation in the modern age.
Comments
Post a Comment