(Sarath Wijesinghe President’s Counsel, former Ambassador to UAE and Israel, President Ambassador’s Forum, Solicitor England and Wales)

‘Study of Law’

Study of law is study of social sciences, education of human beings, to govern over persons, social, political, business and like through the rules and study of those relationships. It runs back to ages and currently developed with the digital age fast with modern technology. In certain parts it is digitalized and available on finger tips on CD’s. In developed Latin American countries the modern update legislature is available on CD’s. In our parts of the world the legislation in 1800 in UK is still used in day to day life with few new law introduced from time to time – penal code and the civil procedure being a classic example. (Penal Code- ordinance no 2 1813 adopted in 1883, Two amendment 22/1993 and 16/2006) The case on other legislature is the same with few exceptions.

Study of law in Sri Lanka runs back to the era of Sri Lankan Kings where  they used the traditional  legal system subsequently codified as ‘’Neethi Nigantuwa’’, until British Rulers introduced English Law under British Rule. Late Dr A. R.B. Amarasinghe says that monarch’s (Sri Lankan Kings) followed different levels of hearings as they wish which is confirmed by Robert Knox in his experiences as a prisoner of the last king of Sri Lanka. Kings were expected to follow the principles on /of  ‘Dasaraja Dhamma’ ten rules a king is expected to follow in rule namely,  1- Dhana  (charity),  2- Sila (morality),  3- Altruism (pariccae), 4- Ajjawa ( Honesty) 5 – Maddava (Gentleness) 6- Tapa ( self-control) 7- Akorasha 8-  Avisansa (Non  Anger ) 9- Kanthi  ( nonviolence  ( forbearance) 10- ‘’Aviridatha’’ ( upbringings ) are the ten commandments a King should follow to be a ‘just king’ based on according to writings of historians  on the subject . They are not expected to on dictatorial and arbitrarily rule on the citizen they are told to consider as children of the family. These are guideline a ruler is expected to follow in ruling with absolute power with Ministers to assist and other set of advisors including senior Buddhist Monks. These are the rules expected to be followed by kings and the personal laws such as later known as ‘Kandian Law’ in the current   format today ‘Muslim Law’ and ‘Tesavalama’ were practices as personal/regional laws by respective groups. Portuguese and Dutch introduced their laws in maritime areas they controlled and the most important to note is the introduction of Roman Dutch law still used in property law in Sri Lanka and South Africa. Currently Sri Lankan legal system  is governed by English Law that enacted the supreme law on the island, the subsidiary legislation, and a mixture of English law for trade and international law, ‘Kandian’, ‘Muslim, ‘Tasawalamai’ , for personal Property laws, Roman Dutch Laws on property, and English legislation coming down from generations from 1800 years by way of acts still in force in Sri Lanka in English Language. After the introduction of ‘Swabasha’ ‘(Sinhala and Tamil) new legislation was passed in three languages namely English, Sinhala and Tamil whilst all previous laws introduced by British prevailed and effective as part of legislation. Acts of 1800 years are not translated to ‘’Swasha’’and it is a nearly impossible task to do so due to practical impossibilities. It is prudent to read the acts rather than attempting to translate.

Late Justice A R B Amarasinghe – a Supreme Court Judge and a scholar wrote extensively on the subject with the newly introduced book by Dr Jayatissa de Costa in his book Laws of Sri Lanka on this subject and as a result the English Law and Jurisprudence became a part of Sri Lankan Law (then Ceylon) with legislation runs back to 1800 years such a Penal Code, civil Procedure and many legislation still applied live in Sri Lanka available only in English. Education of Law commences at the Law College (professional aspects) managed by the Council of Legal Education (headed by His Lordship the Chief Justice) that deals with the professional limb when the Universities commenced academic studies initially leading to LLB in line with English model in traditional universities, now expanded to many in Sri Lanka and worldwide with degree awarding institutions available at a prize. COUNCIL OF EGA EDUCATION was introduced in 1872, and the Law College in 1974, as a self-governing fee levying institution managed by a group of Supreme court Judges headed by the Chief Justice, with some working arrangements with the Ministry of Justice to ease management of the institution. Legal Reforms and Disciplinarians of lawyers are within the ambit if the Bar Association and the Supreme Court in a most traditional format unlike the most vibrant and modern forms are practised in UK USA and the Commonwealth.

Introduction of ‘’Swabasha’’ (Sinhala and Tamil mediums) with legal systems changed

1972 Constitution broke  the continuity of the colonial rule, also brought about further changes when Sinhala and Tamil were given preference/priority over English especially on interpretations and the subjects were taught with freedom for the students to learn and answer of their choice that followed swiftly until the disputed gazette notification was introduced taking measures for legal and procedural reforms on legal education with the introduction to conduct examinations only in English language, when the gazette of 2208 was defeated in the Parliament for 113 against only one vote by ‘’Chndima Weerakkody’’ Member of Parliament – a lawyer from Galle and once deputy Speaker  for reasons given at his speech in fair detail. It is learnt that the gazette notification was an introduction of a package for legal and procedural reforms with preventive measures to control moneymaking and substandard educational institutions offering substandard degrees with international links, and gradual transformation of converting language of instructions to English with ‘’Swabasha’’ too in practice. The legislature and usual may have not studied the concepts properly and voted against the gazette as a block the proposition for the students to answer only in English leaving the freedom to answer at their choice, which is in force today. Medium of studies was originally on the mother tong, that is now changes to trilingual and English only in private schools abundantly found at a price that attracts parents. Legal studies have direct bearing on the medium of study to meet the main hurdle of law college entrance and study of law in universities on completion of academic studies and highly competitive law college entrance examination. Legal profession feels threatened on the massive number entered to the legal profession by various means using shortcuts most of whom try to be magistrates court lawyers where proceedings are  conducted in ‘’Swabasha,’’. Not many take to alternate employments in public and private sector like in the UK  EU and Commonwealth countries where the  lawyer is well placed in business and like venture successfully with knowledge of IT and extra qualifications acquired. Those who are well conversant in IT and English competency find employments and find way in the superior courts as practitioner’s completing the vacuum created due to want of legal professionals.