Questions and Answers
What legal tradition does Roman-Dutch law primarily consist of?
During which period did the Dutch implement Roman-Dutch law in Sri Lanka?
Which of these groups were recognized under Roman-Dutch law during the Dutch rule?
How is Roman-Dutch law currently utilized in Sri Lanka?
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Which provinces did the Dutch rule over from 1656 to 1796?
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What system did the Dutch establish in areas they ruled?
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Which law had no bearing on Kandyan laws during the Dutch rule?
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How was Roman-Dutch law expanded after its initial introduction in Sri Lanka?
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What is a characteristic feature of the Sri Lankan legal system?
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How do judicial decisions influence the law in Sri Lanka?
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Which legal principle is primarily derived from Roman-Dutch law in Sri Lanka?
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What is the primary foundation for court procedures in Sri Lanka?
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What has the colonial history of Sri Lanka influenced regarding its legal system?
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In terms of legal traditions, which of the following best describes the Sri Lankan legal system?
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What role does English law play in the Sri Lankan legal framework?
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Which statement best captures the resolution of conflicting rights in the Sri Lankan legal system?
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What is a significant challenge posed by the plural legal systems in Sri Lanka?
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How does the Sri Lankan legal system primarily resolve conflicts between different legal subsystems?
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Which of the following best describes the nature of general law in Sri Lanka?
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What is the role of the parliament in the Sri Lankan legal system?
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Which characteristic is notable about the legal conflicts in Sri Lanka?
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What influences the dualist nature of Sri Lanka's legal system?
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What outcomes might arise from the coexistence of diverse legal systems in Sri Lanka?
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Which of the following legal traditions does NOT influence Sri Lankan law?
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Study Notes
Legal Systems of Sri Lanka
- Comprised of multiple components: English law, Roman-Dutch law, personal laws (Kandyan Law, Muslim Law, Thesawalamei Law).
Roman-Dutch Law
- Introduced by the Dutch in 1656, following the takeover of Portuguese-held areas.
- Governed maritime provinces until the British occupation in 1796, functioning as a blend of Roman, Dutch, and German local customs.
- Initially applied to Dutch settlers, their servants, and the Sinhalese living in those regions.
- Did not apply to the Kandyan provinces during Dutch rule; changes occurred with British rule.
- Acknowledged existing Muslim and Tamil customs alongside the introduction of Roman-Dutch law.
- Expanded by British authorities; now forms the basis of Sri Lankan common law filling gaps in personal laws not covered by statutes.
Characteristics of the Sri Lankan Legal System
- Fascinates comparative law scholars with its amalgamation of indigenous laws (Kandyan, Thesawalamei) and major jurisprudences (Roman, Islamic, English).
- Possesses a dualist nature; international law requires implementation to be recognized legally.
- The presence of conflicting legal principles emphasizes the complexities of legal interpretation and application.
- Uniformity in legislation has been sought through laws applicable across various sectors since colonial times.
- The parliamentary democracy plays a crucial role in lawmaking efforts, leading to the development of a general law for all citizens.
- General law merges English and Roman-Dutch traditions, exhibiting traits of both Anglo-American Common law and civil law systems.
Role of Judicial Decisions
- Judicial decisions are a primary source of law; the courts adhere to binding judicial precedents.
- Judges contribute to law development through the resolution of disputes, integrating notions from both legal traditions.
- Roman-Dutch principles are influenced by seventeenth-century Dutch jurisprudential writings.
Court System Characteristics
- Robust court system influenced by colonial history, especially during British rule.
- Retains elements of English legal traditions within court procedures and the legal profession, aligning with other Commonwealth countries.
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Description
Test your knowledge on the diverse legal systems of Sri Lanka, which include English law, Roman-Dutch law, and various personal laws. Explore how these systems interact and their historical evolution from the Dutch to the British colonial periods.
