LEGAL CULTURE AND LEGAL TRANSPLANTS
THE EVOLUTION OF THE INDIAN LEGAL SYSTEM
(WITH REFERENCE TO PRIVATE LAW)
J. CYRIL MATHIAS VINCENT
I. Introduction. II. Nature and Perspective of law in Ancient India. III. Judicial System in Medieval India. IV. British Period. V. Application of French Law: Pondicherry. VI. Portuguese Code: Goa. VII. Conclusion.
Legal culture and legal transplants
Legal transplants, as a concept, were designed by Alan Watson in the context of comparative law. Comparative law helps to gain insight into the question of legal transplants, i.e. the transplanting of law and legal institutions from one system to another. It would be pertinent to open with Montesquieu on comparative law, legal transplants and legal culture as follows: The political and civil laws of each nation should be adapted in such a manner to the people for whom they are framed that it should be a great chance if those of one nation suit another.
They should be in relation to the nature and principle of each government; whether they form it, as may be said of politic laws; or whether they support it, as in the case of civil institutions.
They should be in relation to the climate of each country, to the quality of its soil, to its situation and extent, to the principal occupation of the natives, whether husbandmen, huntsmen, or shepherds: they should have relation to the degree of liberty which the constitution will bear; to the religion of the inhabitants, to their inclinations, riches, numbers, commerce, manners, and customs. As the civil laws depend on the political institutions, because they are made for the same society, whenever there is a design of adopting the civil law of another nation, it would be proper to examine beforehand whether they have both the same institutions and...