RELATIONSHIP BETWEEN LAW AND HISTORY

LEGAL INSTITUTION DEVELOP AS OTHER SOCIAL INSTITUTIONS DEVELOP 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 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.