Topic outline

  • Welcome to the Learning Management System to Learn, explore and share on law and legal history


  • I would like to welcome you all to this course on Legal History. I am very much looking forward to have a great learning session with you all during these extraordinary times.



    Your Course Instructor: Law 101C126012021


    Video Link of one of my Lectures on this course

    Objectives of the Course: 

    This course is an attempt to discover the roots of the current legal system of Bangladesh. It will primarily examine the historical background of the Bangladesh legal system and the influence of history on the evolution of Bangladeshi laws and legal institutions. Since Bangladesh has gone through different regimes ranging from ancient age to present day, this course will look at the contribution of all these periods to the development of today’s legal system.

    Expected Learning Outcomes from the Course: 

    It is expected that students will be able to:

    1. Explain the development of Bangladesh’s legal system, including the Hindu, Muslim, and British backgrounds. 
    2. Understand the jurisprudential basis of legal history. 
    3. Analyze and evaluate information from a wide variety of sources and experiences.
    4. Be aware of the incompleteness of the law and the continuous state of development of legal principles
    5. Appreciate the evolution of the roles of lawyers and judges, and the ethical dimensions of the development of law and legal systems.
    6.  Refine critical thinking and problem-solving skills, and develop skills to independently undertake historical research.

    Course Content: 

    The course will focus on the Genesis of Law from a philosophical and historical points of view. It will look at the history from five different time frames; Hindu period, Muslim period, British period, Pakistan period and Bangladesh period. The course will evaluate the history from various sources including the religious text books, other books, commentaries of the historians and legal documents.

    Instructions/Guidelines/Requirement for this Course:

    • Classes will be conducted through google meet during the pandemic.
    • All the students registered for this course have to enroll in Moodle.
    • The link of the classes will be provided in the Moodle. 
    • Students can find all the course materials from Moodle.
    • All the students have to submit the soft copy of their "Assignment" in Moodle under assignment section created here and for this they will be graded here.
    • One discussion or feedback forum is created under each of the lecture Students have to give their feedback on these forum and marks will be given for their feedback
    • Any announcement regarding the class will be posted on Moodle. So they have to keep themselves always active on Moodle.
    • All the quizzes and presentations will be held on this platform and students will be informed accordingly.
    • The question pattern and the syllabus for the quizzes, midterm and final exam will be given along with the announcement for these tests.
    • Two special discussion forums will be created before mid-term and final examination for analyzing both the question and exam methods.

  • Home work ( Administrative units of Ancient India and Judicial Procedure)

    submit your home work here 


  • Basic Concept of Law


  • Module I: Genesis of Law and Methods of Studying Legal History (Lecture 1&2)


    Lecture Objectives: L2&302022021 , L4&503022021

    1. To provide a brief background on the genesis of law;
    2. To present the contribution of history in the law-making process. 

    Lecture Outcomes:  

    At the end of the 1st week, students will be able to-

    1. Appreciate the jurisprudential development of legal history;
    2. Link past legal events with the present;
    3. Find out an appropriate method of designing the law-making process. 

    Contents: 

    1. The philosophical foundation of law;
    2. The necessity of studying Legal History;
    3. Methods of studying Legal History.


  • Module II: Hindu Period (part one) (Lecture 3&4)


    Lecture Objectives: 

    The objective of this module is to clarify three issues:

    1. Is Hindu a religion?
    2. The genesis of Hinduism
    3. Religious and other texts for Hindus

    Lecture Outcomes: 

    At the end of the second week, students will know: 

    1. The evolutionary history of Hinduism
    2. The meaning of Hindu Law
    3. The texts for Hindus

    Contents: 

    1. Beginning and the ending time frame of Hindu Period
    2. Hindutava  
    3. The Vedic tradition 
    4. The caste System
    5. The Law of Manus


  • Module III: Hindu Period (Part two) (Lecture 5&6)


    Lecture Objectives: 

    The objective of this module is to clarify four issues:

    1. The Social and Political system in Hindu Period
    2. The religious philosophy of ancient India
    3. The judicial system of ancient India
    4. The punishment methods in this period

    Lecture Outcomes: 

    At the end of the third week, students will know: 

    1. The legal system of the Hindu period
    2. The Contribution of this period to the current Legal System of Bangladesh

    Contents: 

    1. Administrative units of ancient India
    2. The concept of justice in the Indian context
    3. Dharma and Shaptanga
    4. Judicial Procedure
    5. Organization of the courts
    6. Trial by ordeal 
    7. Crimes and Punishments 



  • Quiz_1


    Dear fellow learners!

    I think it is high time to prove ourselves as the best. We have enough preparation on the discussed topics and let's try the best and be stress-free.  Please take class instructions first and do take preparation on the lessons I suggested in class and including the following topics for the titled evaluation. 

    Probable Topics :

    1. Law and Legal schools.

    2. judiciary and its development in Bangladesh.

    3. Administration of Justices system and its link with the historical development

    3. Independence, Key organs, the status of  laws, and law-making process in Bangladesh 

    4. Definition, nature, essential elements of the legal administration in Bangladesh

    Assessment rubrics:

    Total Marks will be 15, which will be counted under the following headings:

    1. The analytical power of the students

    2. Depth of knowledge 

    3 Application of knowledge including 

    4. information, preciseness, and correctness, etc.


  • Assignment on " Constitutional History of Bangladesh"

    Bangladesh's Constitution of 1972: an exposition of Mujib's political philosophy

  • Module IV: Muslim Period (Part one) (Lecture 7 & 8)


    Lecture Objectives: 

    The objective of this module is to clarify two issues:

    1. The origin of Islamic rulings in India;
    2. The time frame for various Islamic rulers. 

    Lecture Outcomes: 

    At the end of the third week, students will know: 

    1. How Islam reached this part of the world;
    2. Whether Islamic rulers brought positive things for India. 

    Contents:
    1. The concept of justice in Islam; 
    2. Sources of Islamic Laws;
    3. Islamic rules from Arab to Turkey to Parsia;
    4. Sultans and Mughals.

  • Module V: Muslim Period (part two)

    Lecture Objectives: 

    The objective of this module is to clarify four issues:

    1. The Social and Political system in the Muslim period
    2. The religious philosophy of the middle age
    3. The judicial system in Medieval India
    4. The punishment methods in this period

    Lecture Outcomes: 

    At the end of the third week, students will know: 

    1. The legal system of the Muslim period 
    2. The Contribution of this period to the current Legal System of Bangladesh

    Contents: 

    1. Administrative units of the Muslim period 
    2. The concept of justice in the Indian context
    3. Sultan's system of dispute settlement 
    4. Judicial Procedure
    5. Organization of the courts

  • Assignment


    General Guidelines:

    1.      All students are mandatorily required to submit an assignment of 5 marks electronically in every course.

    2.      Generally, assignments are taken before the final examination. The course teacher may set the title of the assignments or even ask students to find out their own topics from any particular area of the course. 

    3.      Students must submit assignments no later than due date fixed by the course teacher using BLC platform.

    Assessment Plan:

    1.      The assessment activity should mainly focus on theoretical and analytical understanding of the topic.

    2.      Since writing an assignment is considered as a baby step towards creating a research mind among students, assessment strategy must concern the originality of the ideas.

    3.      20% of assignment mark could be allotted for simply being able to select a good title for the assignment.

    4.      The contribution of the task in the scholarship and real life are two crucial factors in assessing the quality of assignment works.

    Assessment Rubrics:

    Every faculty may set criteria for the assessment. He or she rq1may decide what criteria or essential elements must be present in the student’s work to ensure that it is high in quality. However, an effort is taken to present an example of the general rubric’s criteria for marking assignment.

    Criteria

    Excellent (A and A-)

    Above Average (B+ and B)

    Average (B- and C+)

    Below Average (Other Grades)

    Content

     

     

     

     

    Organization

     

     

     

     

    Clarity of Writing

     

     

     

     

    Research Questions

     

     

     

     

    Sources/References

    10-15

    6-9

    4-5

    1-3

     

    Assignment Methods/Policy (Sample):

    Students should be able find out their own topic from within one given particular contemporary area. However, a list of sample topics/questions could also be provided by the respective course instructor. It will be useful, if the topics are delivered 2/3 weeks before the deadline for submission. Assignment could be taken in any of the following ways.

    1.      Writing short articles on the given/chosen topics;

    2.      Book review;

    3.      Case review;

    4.      Article review;

    5.      Preparing draft legislations.   

    Submission: Students will submit assignments clicking the submission button in the assignment section. The length of the assignment should not exceed 5 pages (1500/2000 words). Students should be allowed at least 3 days to submit assignments after date of announcement. Students can either put texts or attach files for submitting assignments using BLC.


  • Module VI: East India Company Rule in India (Lectures 12 and 14)


    Lecture Objectives: LAW101SMSH23032021
    1. Highlighting the role and functions of East India Company ;
    2. Explaining the governance of this corporation;
    Lecture Outcomes: 
    At the end of the second week, students will be able to-
    1. Appreciate the law-making process of this corporation;
    2. Demonstrate the several charters of this corporation;
    3. understand the importance of trade for spreading colonialism;
    Contents: 

    1.   Colonialism
    2.   Company rule
    3.  Charter of 1600
    4.  The road from trade to governance 

  • Module VII: British Raj in India (Lecture 15 and 16))

    Lecture Objectives: 
    1. Highlighting the administration system of India;
    2. Explaining the governance of British India
    3. How did the courts function? 
    Lecture Outcomes: 
    At the end of the second week, students will be able to-
    1. Administration of justice in British India;
    2. Demonstrate the common law legal tradition;
    3. understand the laws adopted by the British. 
    Contents: 

    1.  Indian British Administration System;
    2.   Judicial System of British India
    3.  Common law legal system
    4.   The Indian Governance Act 

  • Home work on "Civil Court'

    Establishment and Jurisdiction of Subordinate Civil Courts in Bangladesh

  • Court Structure of Bangladesh


  • Quiz 3

    You will be asked to write short notes on any two of the following three questions, not exceeding 300 words for each question, in your own language. Your understanding of lectures from 13 to 16 will be tested. Give reasoning for your answer and be as precise as possible. 

    Assessment Rubrics for essay type questions in Quizzes:

    Top of Form

    Poor

    Fair

    Average

    Good

    Exemplary

     

    F equivalent

    D equivalent

    C equivalent

    B equivalent

    A equivalent

     

     

    Legal Issues and Precedents

     

    Identification

    Poor

    Fair

    Average

    Good

    Exemplary



    Identify the legal issues in the cases or essay


    Identifies & understands almost none of the issues presented in the case study  or legal issues


    Identifies & understands few of the main issues in the case study or legal issues


    Identifies & understands some of the main issues in the case study or legal issues


    Identifies & understands most of the main issues in the case study or legal issues


    Identifies & understands almost all of the main issues in the case study or legal issues

    Laws and Precedents

    Poor

    Fair

    Average

    Good

    Exemplary



    Identify the laws and legal precedents that pertain to the legal issues

    Identifies, demonstrates and/or understands none of laws and legal precedents for the case study or legal issues

    Identifies, demonstrates and/or understands few of laws and legal precedents for the case study or legal issues

    Identifies, demonstrates and/or understands some of laws and legal precedents for the case study or legal issues

    Identifies, demonstrates and/or understands most of laws and legal precedents for the case study or legal issues

    Identifies, demonstrates and/or understands all of laws and legal precedents for the case study or legal issues

    Analysis of Issues

    Poor

    Fair

    Average

    Good

    Exemplary



    For each issue, compare both existing legislation and case law with the facts presented in this case.

    Was not able to analyze the issues using facts presented, laws and case precedents and/or was not able to separate issues for analysis.

    Marginal analysis of each of the separate issues using the relevant facts, laws and case precedents and/or was not able to separate issues

    Somewhat thorough analysis of the issues presented using the facts presented, laws and case precedents and handled each of the issues separately prior to coming to a grand or universal resolution

    Reasonably thorough analysis of each of the issues using the facts presented, laws and case precedents and handled each of the issues separately prior to coming to a grand or universal resolution

    Very thorough and insightful analysis of each of the the issues using the laws and precedents and handled each of the issues separately prior to coming to a grand or universal resolution

     

     


  • Module VIII: Merits and Demerits of Colonialism (Lecture 17 and 18)


    Lesson Objectives: 
    1. Highlighting the European colonial legacy;
    2. Explaining the increase of exploitation by the British raj in India;

    Lesson Outcomes: 
    At the end of this lesson, students will be able to-
    1. Appreciate the positive aspects of colonialism; 
    2. Understand the negative aspects of colonialism. 

    Contents: 

    1.   Indian economy before colonial rule
    2.   The British policy of domination and exploitation
    3.   The plea of the right to self-determination.
    4.   Customary International Law
    5.   General Principle of Law

  • Module IX: Pakistan & Bangladesh Period (Lecture 19, 20 and 21)

    Lesson Objectives: 
    1. Highlighting the politics of independence post-world war 11;
    2. The two nations theory;
    3. Explaining the existing legal system of Bangladesh;
    4. Focusing on the contributions of the different periods to the development of laws and court systems in Bangladesh. 
    Lesson Outcomes: 
    At the end of this lesson, students will be able to-
    1. understand the journey from Pakistan to Bangladesh;
    2. Appreciate the necessity of studying the course;
    3. Apply in their own legal profession. 

    Contents: 

    1. The Laws made by the Pakistan regime
    2. Politics of Pakistan and Bangladesh making
    3. List of laws made during different regimes
    4. The transformative paradigm of the justice system in Bangladesh
    5. Comparing one regime with the others

  • Presentation



    General Guidelines:

    1.      All students are mandatorily required to participate in the presentation session which is of 8 marks.

    2.      Being a law student, one of the key visions should be how to become a good orator. The course teacher has full discretions to take presentations at any time of the semester based on their individual plan of achieving the objectives of the course.

    3.      Generally, presentations are taken before the final examination. The art of articulating arguments in front of an informed audience and camera will be tested.

    4.      The course teacher may set the title of the presentations or even ask students to find out their own topics from any particular area of the course which has contemporary significance. 

    5.      Students will either submit video recording of the presentation using BLC or present in front of all using Google Meet or Zoom.

    Assessment Plan:

    1.      The assessment activity should primarily look at whether students are able to present with confidence.

    2.      Enhancing the lawyering skill of the students is the key component of the assessment strategy.

    3.      Students should be able to present their arguments within the stipulated time. Students should be properly directed on how they will effectively respond to the questions from their friends and the moderator.

    Assessment Rubrics:

    Every faculty may set criteria for the assessment. He or she may decide what criteria or essential elements must be present in the student’s work to ensure that it is high in quality. However, an effort is taken to present an example of the general rubric’s criteria for marking presentations.

     

    Criteria

    Excellent (A and A-)

    Above Average (B+ and B)

    Average (B- and C+)

    Below Average (Other Grades)

    Introducing Own Self 

     

     

     

     

    Clear Organization of the Presentation

     

     

     

     

    Eye Contract and Overall Body Language

     

     

     

     

    Arguments

     

     

     

     

    Drawing Conclusions

     

     

     

     

     

    Presentation Topics (Sample):

    Students should be able find out their own topic from within one given particular contemporary area. However, a list of sample topics/questions could also be provided by the respective course instructor. It will be useful, if the topics are delivered 2/3 weeks before the deadline for presentation.

    Dress Code: Formal

    Submission:

    Presentations could be conducted in any of the two methods:

    1.      The traditional method of presenting during the class using Google Meet while the video camera will remain on;

    2.      Submitting the video file using the BLC forum.

    The duration should not exceed 10 minutes. Students should be allowed at least several days to submit presentation file after the date of announcement.


  • Class Test Supplementary only on the basis of a valid and unavoidable reasons , you may apply and do take this last chance


    Dear fellow learners!

    I think it is high time to prove ourselves as the best. We have enough preparation on the discussed topics and let's try the best and be stress-free.  Please take class instructions first and do take preparation on the lessons I suggested in class and including the following topics for the titled evaluation. 

    Probable Topics :

    1. Law and Legal schools.

    2. judiciary and its development in Bangladesh.

    3. Administration of Justices system and its link with the historical development

    3. Independence, Key organs, the status of  laws, and law-making process in Bangladesh 

    4. Definition, nature, essential elements of the legal administration in Bangladesh

    Assessment rubrics:

    Total Marks will be 15, which will be counted under the following headings:

    1. The analytical power of the students

    2. Depth of knowledge 

    3 Application of knowledge including 

    4. information, preciseness, and correctness, etc.



  • Final Examination


    The examination is of 40 marks and the duration is 3 hours 30 minutes. You will be asked to answer two questions out of three each containing equal marks. The nature of questions varies from analytical to descriptive to comparative to doctrinal to problem-solving. The syllabus covers lectures 12 to 22.