LESSON ONE: INTRODUCTION TO THE LAW AND LEGAL SYSTEM OF SRI LANKA

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Introduction.

This lesson is intended to provide an understanding the term legal system composed of diverse transactions and elements and of different facets. Every effort has been made to interpret and explain the interaction of, and the relationship between the diverse systems of law in force in Sri Lanka. This lesson states that the different systems of law have affected the development of the law of Sri Lanka. It provide the common idea of personal laws in Sri Lanka such as andyan, !uddhist, "indu, #esawalamai, Islamic law $ukkuvar law, %oman&#utch law and English law. It touches the 'ortuguese, #utch, !ritish influence on the laws of Sri Lanka and also provides the sources of the law of Sri Lanka. In other words Sri Lanka(s systems of law are a mixture of many elements. There is also a substantial element of common law. i&e rules and principles which are not laid down by statute but which have been
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recogni/ed and enforced by the courts down the years. Each of the different ethnic communities 0Sinhalese, Tamils and $uslims1 had their own laws. Today these separate laws operate in the each and every field. 1. L!"rnin# outco$!% )fter the successful completion of the course students will be able to2 -nderstand the overall view of the legal system of Sri Lanka Explain the relationship between the diverse systems of law in force in Sri Lanka Identify the 'ortuguese, #utch , !ritish influence on the laws of Sri Lanka ,ompare the different systems of laws and development of the laws of Sri lanka #escribe the nature of law

..* D!&inition "nd C'"%%i&ic"tion o& L"( ..*.. D!&inition o& L"( Several definitions of law may be mentioned below. Law may be defined as the means by which human behaviour in societies regulated. The law may be defined as the body of rules which spells out the rights and duties of the various sectors in any society. The law may be defined as the instrument through which conflicting views in society may be resort.

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..*.3 C'"%%i&ic"tion o& L"( Law may usually be grouped into certain broad categories using terminology that is familiar to English law. Thus, laws and 4udicial proceedings are broadly classified as belonging to the categories of ,riminal law and ,ivil law. ) crime is described as an 5offence( punishable by the State. The word 5offence( is not used in a civil matter. The word used in a civil matter is 5civil wrong(. ) civil wrong usually takes the form of a breach of contract, breach of trust or the causing of non&criminal in4uries. The latter conduct is described as 5tort( in English law and as 5delict( in Sri Lanka using the legal terminology of the %oman&#utch law. ,ivil law may be further groped into sub&categories such as law of 'ersons, law of 'roperty, ,ommercial law, Industrial law. ,ommercial law too has its sub&divisions such as law of 'artnership, law of )gency, ,ompany law, !anking law. The term !usiness law, mercantile law are also used to refer to different combinations of sub&divisions of ,ommercial law. )ccording to another classification, law may be divided into two broad groups namely substantive law and procedural law. 6hile the substantive law covers sub4ects already referred to, procedural law includes law of Evidence, ,riminal procedure and ,ivil procedure. The phrases 5public law( and 5private law( are in current use today in many legal systems. This is in order to differentiate between those areas of law which primarily concern the State and its institutions 0'ublic law1 and those which concern essentially the relationship between individual citi/ens 0'rivate law1. Thus ,riminal law, The law of
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,onstitutional law, )dministrative law, Local 7overnment law, Tax law and International law may be classified as areas of 'ublic law.
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,ontract, law of #elict, law of 'roperty and persons may be considered aspects of 'rivate law. 1.) I$*ort"nc! o& '"( to t+! ,u%in!%% Today no business involved in trade and commerce needs to be told that knowledge of the law is important. Law is an integral part of any community today. 6e can summari/e the importance of law to business and commerce as follows,
Law is an integral part of the society. Law is not stagnant it changes according to the needs of the society. Law facilitate the business and commerce Law protects the consumers and prohibits unsafe products nowledge of law will help to develop decision making in business It will stop redoing and undoing Ignorance of law is not an excuse.

..8 L"( in Soci!t)s regards the sub4ect of law in society, it is relevant to focus on two fundamental issues.

The functions of law in society The problem of legal and social change.

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) discussion of both these issues has some bearing on what is meant by law. The meaning of the word 5law( is the focus of much discussion and controversy among 4urists and legal scholars. mirrors socially accepted norms and values. The basic 4urisprudential controversy focuses on two different theories of law. 9ne view is that law Thus society gives the lead which the law follows. ) further development on this theme is the concept that living law consists of the norms observed by people even though they are not recogni/ed by the State as law. The contrary view is based on the theory that the law functions as such in society because it is the command of a supreme law maker. The sanctions imposed for the violation of law indicate that it is something more than a value system or a code of ethics. This view which was expounded by the writers !enthom and )ustin sees a distinction between law and ethics. The !enthom philosophy of law which has prevailed in many centuries views law as the agency that gives the lead to society, rather than as a mirror what is socially accepted. Laws are created by legislation and codes, particularly in third world countries they aim at changing existing social norms and ideas by creating new norms. "owever it is also noted that values and ethics would appear to influence the very law making process. )doption of the concept that law reflects the norms of the State other than those socially accepted does not prevent the importance of viewing law in its social context. Social norms may sometimes not be recogni/ed as law. "owever, it is also noted that a significant gap or conflict between legal norms and social norms will rights to disrespect for the law and undermining of the law and legal institutions. Therefore it is necessary to find out To be truly
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whether the law lacks behind or is too forward looking in the society in which it operates and to create devices to minimi/e such tension.
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effective as a system law must have social relevance and regulate the activities of the people. The importance of law in society has gained special focus through the work of 4urist belong into the sociological school of 4urisprudence. They view law as a device for regulating conflicting social interests. The distinction between state norms and socially accepted norms may seas to be significant easy in tension between them, if there is a constant review and reform of the law in the light of social change.

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