The Sources of Ancient Siamese Law.[1]
From the point of view of comparative jurisprudence it may be said that there are five original systems of laws from which the laws of the different countries of the world are derived. These are (1) the Roman law system; (2) the English law system; (3) the Hindu law system; (4) the Mohammedan law system, and (5) the Chinese law system. The laws of the continental countries of Europe are examples of the Roman law system—those of the German countries being Roman laws in purer form, and those of the Latin countries being Roman law in less pure form. The laws of England and the different states of the United States of America with the exception of Louisiana are examples of laws belonging to the English law system. India, with its multitudes of what once were independent kingdoms and principalities, some of one religious profession, some of another, but now all under the British administration, at the present day presents a unique example of a country in which the British courts administer the Brahman, the Buddhist, and the Mohammedan laws according to the religious profession of the litigant. The laws of China and Corea are examples of the Chinese law system. The ancient laws of Japan belonged to the Chinese law system, but the present laws may, on the whole, be said to belong to that branch of the Roman law system which may be called the German system, though they have taken a great deal from the English law system also. Considering the geographical proximity of Siam to India and the fact that in ancient times Siam was so much under the influence of Indian civilization, one naturally expects that the ancient laws of Siam should belong to the Hindu law system. But it is curious to note that although everybody seems to be under the impression that the ancient laws of Siam belong to the Hindu law system, no one has taken the trouble to prove it. The author ventures to think that this is not because the subject is uninteresting but because the point to be proved is generally admitted and taken for granted. The object of this paper is to
- ↑ This paper contains the substance of one of the chapters of a thesis entitled "Studies in Ancient Siamese Laws," which the author presented to the Imperial University of Tokio, Japan, a few years ago and of a lecture which he delivered recently before the Siam Society of Bangkok, Siam.
