Senaka Weeraratna

Despite the lawmakers of the pre-colonial era demonstrating high levels of legal competence and sophistication, the systematic codification by the Dutch and British “froze” these customs, thereby leading modern practitioners and law teachers to view them as historical artifacts and objects of curiosities rather than active, evolving legal philosophies.

Sri Lanka’s modern legal education and the legal firmament remain heavily rooted in colonial inheritances.

Before the arrival of the Portuguese in 1505, Sri Lanka had complex, uncodified legal systems that varied across regions and ethnic groups. For example,  the Kandyan Sinhalese Law governed the central highlands and was influenced by Buddhism, Hindu customs (laws of Manu), and ancient Indo-Aryan traditions.  

Judicial Autonomy: Historical inscriptions confirm that ancient Sinhalese Kings respected and valued judicial autonomy and ideals of justice and equity long before European contact. Sri Lanka had a rich legal tapestry and was not a ‘region of darkness’ as alleged, illuminated by the light brought over by Western law makers.  

Weak Foundations of Sri Lanka’s Modern Legal Education

The lack of pride or emphasis on these indigenous traditions among modern lawyers and educators is largely due to the structural foundations of the current system built upon false assumptions by colonized mindsets: 

·  Colonial Foundation of Education: Formal legal education in Sri Lanka, established in 1874 with the Sri Lanka Law College, is a direct colonial inheritance from the British.

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·  Dominance of Western Law: The contemporary legal system is a “mixed” one, but it is predominantly governed by Roman-Dutch Law (as the residual common law) and English Common Law (for criminal and commercial matters).

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·  Curriculum Focus: Modern legal studies prioritize “core” subjects like the Law of Delict (Roman-Dutch) and Commercial Law (English), with indigenous laws relegated to the status of “personal laws” applicable only in specific cases of marriage, divorce, or inheritance.

Marginalization of Indigenous Laws: Although the British continued to apply customary laws, they were often viewed through the lens of colonial legal frameworks. The Kandyan Law, which governed the central highlands, was  reduced in application to specific personal matters like marriage and inheritance, and is often considered a ” diluted remnant” of the ancient system.

Professional Identity: The current professional standard requires enrollment as an Attorney-at-Law through the Supreme Court, following a system heavily modeled after the British tradition. No innovative influences like in India, which has consistently sought to break away from the stranglehold of the colonial legal traditions. 

Legal Education: Formal legal education, originating from the British era, has traditionally emphasized English legal principles. The curriculum often prioritizes Roman-Dutch and English law over the study of ancient Sinhala customary laws or the broader, pre-colonial legal traditions that existed before 1505. The modern legal fraternity often overlooks the pre-colonial, indigenous tradition.

Despite the deliberate suppression or indifference to the achievements of our lawmakers in the pre- colonial era, historical records do acknowledge the sophisticated legal contributions of pre-colonial monarchs. 

The Legacy of King Voharika Tissa (209–231 AD) – a Pioneer of Humanitarian Law in the world

King Voharika Tissa is uniquely recognized in historical chronicles like the Mahavamsa as a pioneer of humanitarian law. His contributions include: 

• Abolition of Mutilation: He was the first Sinhalese king to legislate against bodily injury and torture, such as the amputation of limbs, as a form of criminal punishment.
• Legal Expertise: His name “Voharika” (derived from the Pali Vohara) literally means “skilled in the law” or “magistrate,” reflecting his personal reputation as a lawgiver.
• Resolution of Doctrinal Disputes: He used legal mechanisms to resolve religious conflicts, notably appointing a learned minister to adjudicate the authenticity of the Vaitulya (Mahayana) doctrine. 
• King Voharika Tissa is also widely reputed as the father of Aryadeva, a monumental figure in Indian Mahayana Buddhism, regarded as the primary disciple of Nagarjuna and one of the “Six Ornaments” of Indian Buddhist philosophy. Widely recognized in historical, Tibetan, and Chinese traditions as having been born into a Sinhalese (Sri Lankan) royal family, he went on to lead the renowned Nalanda University as a master and rector, composing brilliant analytical texts that solidified the Madhyamaka school. Despite his profound contributions to Mahayana, Aryadeva remains relatively unsung in his birthplace of Sri Lanka, where Theravada Buddhism is the dominant tradition.  Aryadeva’s life and work represent a high point in ancient Sri Lankan intellectual history, linking the island directly to the development of Indian Madhyamaka and the academic traditions of Nalanda University.

Pre-Colonial Legal Contributions (Prior to 1505 AD)

Beyond individual monarchs, the pre-colonial period featured a developed, decentralized legal framework: 

• Ethical Foundations: Law was rooted in Buddhist principles, moral traditions, and Mauryan customs brought by early settlers.
• Environmental Law: King Devanampiyatissa is noted for declaring the Mihintale area a sanctuary for animals, a concept cited by modern international jurists like Judge Weeramantry as an early principle of environmental “trusteeship”.

Notable Sinhalese Forefathers in Law

Beyond Voharika Tissa, there were other ancient figures who contributed to a robust judicial tradition: 

• King Elara (204–164 BC): Famous for the “Bell of Justice,” which allowed any subject to appeal directly to the king for redress of grievances.
• King Udaya I: Recorded judgments in a royal library to serve as legal precedents for maintaining uniformity in judicial decisions.
• Village Assemblies (Gansabhawa): Before 1505 AD, the dasagam (groups of ten villages) were responsible for upholding justice locally, governed by proclamations often recorded in rock inscriptions. 

Senaka Weeraratna

(with assistance from Chat GPT)