---
title: "Legal history"
chunk: 3/3
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"
---

The African law system is based on common law and civilian law. Many legal systems in Africa were based on ethnic customs and traditions before colonization took over their original system. The people listened to their elders and relied on them as mediators during disputes. Several states didn't keep written records, as their laws were often passed orally. In the Mali Empire, the Kouroukan Fouga was proclaimed in 1222–1236 AD as the state's official constitution. It defined regulations in both constitutional and civil matters. The provisions of the constitution are still transmitted to this day by griots under oath. During colonization, authorities in Africa developed an official legal system called the Native Courts. After colonialism, the major faiths that stayed were Buddhism, Hinduism, and Judaism.

== United States ==
The United States legal system developed primarily from the English common law system (except for the state of Louisiana, which continued to follow the French civil law system after being admitted to statehood). Some concepts from Spanish law, such as the prior appropriation doctrine and community property, persist in some US states, particularly those that were part of the Mexican Cession in 1848.
Under the doctrine of federalism, each state has its own separate court system, and the ability to legislate within areas not reserved to the federal government.

== Global Legal Traditions ==
A comprehensive view of legal history must encompass legal systems beyond the Western tradition. Scholars have increasingly focused on non-Western frameworks, such as Islamic law, which emphasizes religious principles; Confucian legal traditions, where moral conduct is integral to law; and the adaptive nature of African customary law. By comparing these diverse systems with Western legal developments, researchers have highlighted both striking differences and unexpected similarities, thereby enriching our understanding of law as a global phenomenon.

== See also ==
Legal biography
Association of Young Legal Historians (AYLH)
Constitution of the Roman Republic

== Notes ==

== References ==
Farah, Paolo (August 2006). "Five Years of China WTO Membership. EU and US Perspectives about China's Compliance with Transparency Commitments and the Transitional Review Mechanism". Legal Issues of Economic Integration. 33 (3): 263–304. doi:10.54648/LEIE2006016. S2CID 153128973. SSRN 916768.
Barretto, Vicente (2006). Dicionário de Filosofia do Direito. Unisinos Editora. ISBN 85-7431-266-5.
Della Rocca, Fernando (1959). Manual of Canon Law. The Bruce Publishing Company.
Glenn, H. Patrick (2000). Legal Traditions of the World. Oxford University Press. ISBN 0-19-876575-4.
Sadakat Kadri, The Trial: A History from Socrates to O.J. Simpson, HarperCollins 2005. ISBN 0-00-711121-5
Kelly, J.M. (1992). A Short History of Western Legal Theory. Oxford University Press. ISBN 0-19-876244-5.
Gordley, James R.; von Mehren; Arthur Taylor (2006). An Introduction to the Comparative Study of Private Law. Cambridge University Press. ISBN 978-0-521-68185-8.
Otto, Martin (2011). "Law". European History Online. Retrieved November 11, 2011.
Sealy, L.S.; Hooley, R.J.A. (2003). Commercial Law. LexisNexis Butterworths.
Stein, Peter (1999). Roman Law in European History. Cambridge University Press. pp. 32. ISBN 0-521-64372-4.
Kempin, Jr., Frederick G. (1963). Legal History: Law and Social Change. Englewood Cliffs, New Jersey: Prentice-Hall.

== Further reading ==
The Oxford History of the Laws of England. 13 Vols. Oxford University Press, 2003–. (Six volumes to date: Vol. I (Canon Law and Ecclesiastical Jurisdiction from 597 to the 1640s), vol. II (871–1216), vol. VI (1483–1558), vols. XI–XIII (1820–1914))
The Oxford International Encyclopedia of Legal History. Ed. Stanley N. Katz. 6 Vols. Oxford University Press, 2009. (OUP catalogue. Oxford Reference Online)
Potz, Richard: Islam and Islamic Law in European Legal History, European History Online, Mainz: Institute of European History, 2011, retrieved: November 28, 2011.

== External links ==

The Legal History Project (Resources and interviews)
Some legal history materials
The Schoyen Collection
The Roman Law Library by Yves Lassard and Alexandr Koptev.
CHD Centre for Legal History – Faculty of Law, University of Rennes 1
Centre for Legal History – Edinburgh Law School
The European Society for History of Law
Collection of Historical Statutory Material – Cornell Law Library
Historical Laws of Hong Kong Online – University of Hong Kong Libraries, Digital Initiatives
Basic Law Drafting History Online -University of Hong Kong Libraries, Digital Initiatives