---
title: "Legal history"
chunk: 1/3
source: "https://en.wikipedia.org/wiki/Legal_history"
category: "reference"
tags: "science, encyclopedia"
date_saved: "2026-05-05T03:59:51.266004+00:00"
instance: "kb-cron"
---

Legal history or the history of law is the study of how law has evolved and why it has changed. Legal history is closely connected to the development of civilizations and operates in the wider context of social history. Certain jurists and historians of legal process have seen legal history as the recording of the evolution of laws and the technical explanation of how these laws have evolved, with the view of better understanding the origins of various legal concepts; some consider legal history a branch of intellectual history. Twentieth-century historians viewed legal history in a more contextualised manner – more in line with the thinking of social historians. They have looked at legal institutions as complex systems of rules, players and symbols and have seen these elements interact with society to change, adapt, resist or promote certain aspects of civil society. Such legal historians have tended to analyze case histories through the lens of social-science inquiry, using statistical methods to analyse class distinctions among litigants, petitioners, and other players in various legal processes. By analyzing case outcomes, transaction costs, and the number of settled cases, they have begun examining legal institutions, practices, procedures, and briefs, offering a more nuanced picture of law and society than traditional legal studies of jurisprudence, case law, and civil codes can achieve.

== Ancient world ==

Ancient Egyptian law, dating as far back as 3000 BC, was based on the concept of Ma'at, and was characterised by tradition, rhetorical speech, social equality and impartiality. By the 22nd century BC, Ur-Nammu, an ancient Sumerian ruler, formulated the first extant law code, consisting of casuistic statements ("if... then..."). Around 1760 BC, King Hammurabi further developed Babylonian law by codifying and inscribing it in stone. Hammurabi placed several copies of his law code throughout the kingdom of Babylon as stelae, for the entire public to see; this became known as the Codex Hammurabi. The most intact copy of these stelae was discovered in the 19th century by British Assyriologists, and has since been fully transliterated and translated into various languages, including English, German, and French. Ancient Greek has no single word for "law" as an abstract concept, retaining instead the distinction between divine law (thémis), human decree (nómos) and custom (díkē). Yet Ancient Greek law contained major constitutional innovations in the development of democracy.

== Southern Asia ==

Ancient India and China represent distinct traditions of law, and had historically independent schools of legal theory and practice. The Arthashastra, dating from the 400 BC, and the Manusmriti from 100 BCE were influential treatises in India, texts that were considered authoritative legal guidance. Manu's central philosophy was tolerance and pluralism, and was cited across South East Asia. During the Muslim conquests in the Indian subcontinent, sharia was established by the Muslim sultanates and empires, most notably Mughal Empire's Fatawa-e-Alamgiri, compiled by Emperor Aurangzeb and various scholars of Islam. After British colonialism, Hindu tradition, along with Islamic law, was supplanted by the common law when India became part of the British Empire. Malaysia, Brunei, Singapore and Hong Kong also adopted the common law.

== Eastern Asia ==

The eastern Asian legal tradition reflects a unique blend of secular and religious influences. Japan was the first country to begin modernising its legal system along western lines, by importing bits of the French, but mostly the German Civil Code. This partly reflected Germany's status as a rising power in the late nineteenth century. Similarly, traditional Chinese law gave way to westernisation towards the final years of the Qing dynasty in the form of six private law codes based mainly on the Japanese model of German law. Today Taiwanese law retains the closest affinity to the codifications from that period, because of the split between Chiang Kai-shek's nationalists, who fled there, and Mao Zedong's communists who won control of the mainland in 1949. The current legal infrastructure in the People's Republic of China was heavily influenced by soviet Socialist law, which essentially inflates administrative law at the expense of private law rights. Today, however, because of rapid industrialisation China has been reforming, at least in terms of economic (if not social and political) rights. A new contract code in 1999 represented a turn away from administrative domination. Furthermore, after negotiations lasting fifteen years, in 2001 China joined the World Trade Organization.

Yassa of the Mongol Empire

== Canon law ==

The legal history of the Catholic Church is the history of Catholic canon law, the oldest continuously functioning legal system in the West. Canon law originates much later than Roman law but predates the evolution of modern European civil law traditions. The cultural exchange between the secular (Roman/Barbarian) and ecclesiastical (canon) law produced the jus commune and greatly influenced both civil and common law.
The history of Latin canon law can be divided into four periods: the jus antiquum, the jus novum, the jus novissimum and the Code of Canon Law. In relation to the Code, history can be divided into the jus vetus (all law before the Code) and the jus novum (the law of the Code, or jus codicis). Eastern canon law developed separately.
In the twentieth century, canon law was comprehensively codified. On 27 May 1917, Pope Benedict XV codified the 1917 Code of Canon Law.
John XXIII, together with his intention to call the Second Vatican Council, announced his intention to reform canon law, which culminated in the 1983 Code of Canon Law, promulgated by John Paul II on 25 January 1983. John Paul II also brought to a close the long process of codifying the Eastern Catholic canon law common to all 23 sui juris Eastern Catholic Churches on 18 October 1990 by promulgating the Code of Canons of the Eastern Churches.

== Islamic law ==