LEGAL HISTORY as a research methodology examines:

Question

Accepted Answer

A. HISTORICAL DEVELOPMENT of law and legal institutions — origins, evolution, social context, influences; INDIAN LEGAL HISTORY includes ancient (Manusmriti, Dharmaśāstra), medieval (Islamic law), colonial (East India Company, common law transplant), and post-Independence phases

1. LEGAL HISTORY studies the HISTORICAL DEVELOPMENT of laws, legal institutions, and legal thought.
2. METHODS: archival research, manuscript analysis, biography of jurists, contextual analysis.
3. INDIAN LEGAL HISTORY PHASES:
4. (i) ANCIENT — Vedic period; Manusmriti (Hindu law); Dharmaśāstra; Arthaśāstra (Kautilya); Buddhist and Jain legal traditions; village panchayats;
5. (ii) MEDIEVAL — Islamic law under Sultanate and Mughals; SHARIA, fiqh, qadis; co-existence of Hindu personal laws;
6. (iii) COLONIAL — East India Company; common law transplant; Charter Acts; First Law Commission (Macaulay) and Indian Penal Code 1860; Indian Civil Procedure Code 1908; Government of India Acts;
7. (iv) POST-INDEPENDENCE — Constitution 1950; Hindu Code Bills; modern codifications.
8. KEY INDIAN LEGAL HISTORIANS: M.P. Jain, Vasudev Vishwanath Mirashi, Justice M.C. Setalvad, Marc Galanter.
9. Hence option B is correct.
_Source: Legal Research Methodology + Jurisprudence — Indian legal history methodology_

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only modern law (cf. Indian legal history methodology) (cf. Indian legal history methodology) (cf. Indian legal history methodology) (cf. Indian legal history methodology) (cf. Indian legal history methodology)

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only foreign law (cf. Indian legal history methodology) (cf. Indian legal history methodology) (cf. Indian legal history methodology) (cf. Indian legal history methodology) (cf. Indian legal history methodology)

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only constitutional history (cf. Indian legal history methodology) (cf. Indian legal history methodology) (cf. Indian legal history methodology) (cf. Indian legal history methodology) (cf. Indian legal history methodology)