The History of the Legal System of Sri Lanka

The common law system, which can be found in England, the United States, Australia, and India, and the civil law system, which can be found in many European nations such as France and Germany, are the two main systems of law in existence in the democratic world. In this sense, the common law refers to English law, or the body of law and legal system that has evolved through centuries in England and Wales. The legal system founded on Roman law is known as civil law.

Mixed Legal Systems

A few countries have what are known as mixed legal systems, which have features from each of these groups. The legal system of Sri Lanka belongs to the third “mixed” group. This is due to historical causes.
The Dutch took their rules, which were developed from Roman law, with them when they captured Sri Lanka in 1656. Because Roman law mixed with the Dutch legal system in so much as it existed when it arrived in the Netherlands, it was given the term “Roman-Dutch” law.
The name Roman-Dutch law, introduced by the Dutch, however, did not spread throughout the country. The Kandyan provinces remained unconquered by the Dutch, and the legal system in those regions remained Sinhalese or what is now known as Kandyan law, as it had been previously. Laws specific to different ethnic groups, such as those governing Muslims and Jaffna’s Tamils, remained in place. It is currently thought that the Dutch law was only applied to a small number of people, such as Dutch immigrants, natives who either served them or had converted to Christianity, and Sinhalese and Tamils who resided within the forts.

Introducing English Law to Sri Lanka

Following that, the British came in 1796, and by 1815, the whole island had fallen into British control. When a colony is ceded (given over to the British by the previous rulers, as in the instance of Sri Lanka), the colony’s laws remain in effect until subsequently amended, according to British law. The British considered that Roman-Dutch law constituted the country’s basic system and enacted that Roman-Dutch law, together with the customary rules of the Muslims, Tamils, and Sinhalese, would “remain.” After that, Sri Lanka’s basic law was recognized as Roman-Dutch law, and it has been implemented as such under British administration to this day.
However, due to the lengthy period of British control, English law had a significant influence on the development of Sri Lanka’s legal system and legislation. A considerable number of statuses were approved, including English law and legal concepts. The courts’ decisions were also influenced by English law. Simultaneously, indigenous statutes reflecting local requirements were enacted. As a result, Roman-Dutch law is now regarded as the country’s residuary law. It is used in instances when statutes, case law, or customary law do not apply.
As a result, both Roman and Dutch law, as well as English law, became rooted in the Sri Lankan legal system. In certain areas of law, Roman-Dutch law has a stronger effect, while in others, English law has a higher influence. The effect of English law is stronger in many areas where the law is contained in statutes. Criminal law, procedure, and the law of evidence are statutory and show a strong identification with English law. Administrative law, which is not found in statutes but is built up through case law, is also entirely English in nature.

The impact of Roman-Dutch law and English Law

The impact of Roman-Dutch law is greater in most areas of private or civil law, such as the law of delicts or torts, the law of contract, family law, and especially the law of property. The Roman-Dutch law was abolished in commercial law, and English legal concepts were introduced in a series of acts such as the Companies Act and the Sale of Goods Ordinance.
Another reason why the legal system of Sri Lanka is mixed is that it includes what is called social laws. Apart from the general law, which is made up of English and Roman-Dutch law and applies to everyone, Sri Lanka also has Muslim law, Kandyan law, and Tesawalamai, which apply to Muslims, Kandyan Sinhalese, and Tamil residents of the Province of Jaffna, respectively. Much of the special laws are now found in statutes, such as the Muslim Marriage and Divorce Act and the Kandyan Marriage and Divorce Act. Those who are subject to special laws have the option of being governed by the general law or their special law. Tesawalamai and Kandyan laws are no longer widely used. Muslim law, on the other hand, continues to be significant and is often considered by courts.