Certificate course on, “Modernisation of Law in South and
East Asia” from 07-09 April 2016.
Concept Note: The speedy rise of the Asian economy beholds a major power shift from the west to
the east in the international economic system. Europe and North America are still important players
in international relations, nevertheless in the early part of the 21st century, Asia has emerged as the
engine of global growth. Asia is the most populous region in the world and is home to 3.8 billion
people, over half the world's population. In the last 20 years, China and India have increased their
share of the global economy by nearly three times and by 2025 the Asian region will account for almost
half of the world’s output. In a few years, Asia will not only be the world’s largest producer of goods
and services, but also the world’s largest consumer. In view of the recent developments it has become
essential to understand the political, economic and social environment with in which these
developments are taking place. It is imperative to comprehend that such developments do not take
place over night, they evolve historically and are cushioned by their legal systems. Furthermore there
are various dependent and independent variables responsible for Asia’s growth and also contain
explanations for instances where obstacles and slowdown are evident.
The course on Modernization of Law in South and East Asia traces the evolution of the present
Legal System in South and East Asia including , India, Pakistan, Shrilanka Bangladesh, China, Japan,
North Korea and South Korea. In the study of the process of Modernization one will understand the
present legal system of these countries in its historic prospective. The purpose of the course is to
acquaint the student with the evolution of law in south and East Asian Countries. In order to
understand the growth of judicial and legislative institutions in the 19th and 20th Century in East and
South Asia, the process of themodernization of law has to be evaluated in order to give an insight and
awareness as of how this present legal system has emerged from the conventional Legal System in
these selected countries.
This course intends to comprehend and survey the legal heritage of Asia and will discuss the role of
law, lawyers, and judicial system in different societies, with a special emphasis on the comprehensive
judicial reforms that took place and were recommended in historic times. The comprehensive
knowledge of the Legal Heritage of the specified countries will help the participants to determine the
political and economic ties of India with these countries and their futureimplications
AIM: This course aims to offer participants a comprehensive knowledge of the legal system and legal
history of South and East Asia. The course emphasizes on trends and process of Modernisation of
Law. A process which is manifested by dependent and independent sources of law and its impact
on modernization of law in the selected Countries. This course will be a value addition for creating a
holistic understanding to appreciate politico-legal trends, which effects the law making procedure,
from the past to the present and indicate the future outcomes.
INTENDED LEARNING OUTCOMES: Learners should be able to:
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Identify the legal pluralism in the legal system of South and East Asia with its historical
background.
Differentiate how personal laws and territorial laws affected different communities in the
context of their applicability.
Analyze the scholarly findings related to the legal system of selected Countries.
TARGETED AUDIENCE:
Undergraduate and postgraduate Students of Law and Humanities, Academicians, Legal
Practitioners, Social Activists, Government Officials and all others interested in the theme of
the course
DURATION: This course will be of 14 hrs duration. The classes will be conducted at
Gujarat National Law University, Gandhinagar.
PARTICIPATION FEES:
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GNLU Students: INR 500/- ( Students can make direct payment to GNLU Account
Department)
EVALUATION:
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Research Assignment of 20 Marks
IMPORTANT LINKS:
Registration
IMPORTANT DATES:
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Last date for online Registration:
Last date for the online payment of Participation fees:
Commencement of course:
Tuesday, 5th April 2016
Tuesday, 5th April 2016
Thursday, April 7 2016
COURSE COORDINATOR:
Dr. Richa Sharma, Assistant Professor History
Email: [email protected] Mobile: 81286 50866
COURSE OUTLINE:
The brief outline is as follows
Introduction to South and East Asia:
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Demography and Historical Overview
Modernisation of Law in South Asia: India
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Ancient Legal System: Concept of Dharma and Concept of Law, Judicial Administration
Medieval Legal System: Sharia and Urfi Laws in India, Judicial Administration
Legislative, Judicial and Constitutional Development during the Colonial Rule: Unification
and Codification of Indian Law
Modernisation of Law in South Asia: Pakistan
Evolution of Federal Shariyat Courts, POST INDEPENDENCE PERIOD: The Constitution of
Pakistan 1956 and First Martial Law of 1958:
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The Constitution of Pakistan 1962: Second Martial Law of 1969.
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The Constitution of Pakistan 1973. Third Martial Law of 1977
Judiciary under the Civilian Governments of Benazir Bhutto and Nawaz Sharif:
Present Legal system: an overview
Modernisation of Law in South Asia: Bangladesh
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Evolution of Law before the partition of India (upto 1947)
Evolution of Law before the partition of Pakistan(upto 1971)
Evolution of Law during independent Bangladesh
Present Legal System: an overview
Modernisation of Law in South Asia: Srilanka
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Traditional Legal System and its relevance in present times
Influence of English Roman and Dutch Law: Sources, Historical Background, Applicability
Present Legal System of Srilanka: an overview
Modernisation of Law in East Asia: Japan
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Asian Legal System Of Japan: Koreans, Jimmu And Yamatai
The 17 Article Constitution AnTaika Reforms
Ritsu, Ryo And The Taihô Code
Shoguns & Shogunates
Samurai Law
Isolationist Policy
National Code lf Law, The KujikataOsadamegaki
Meiji Era And Development Of Law
Present Legal System: an overview
Modernisation of Law in East Asia: China
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Philosophical Influences of Chinese Law, Confucianism, Daoism and Legalism
External Influences on the Development of Contemporary Chinese Law
Influence of Foreign Investment Post-1978
Present Legal System: an overview
Modernisation of Law in Asia: Korean Peninsula
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Kabo Reforms and establishment of Bubbu
Government organization Act 1948
Present Legal System and overview
Resource Persons: Dr. Richa Sharma
Dates: 7, 8 and 9th April 2016
Number of Hours: 14