By Maung Maung B.L. (Rangoon), J.S.D. (Yale), LL. D. (Utrecht) (auth.)
This e-book, conceived in Rangoon, nourished and brought on the Yale legislations tuition, makes an attempt to check the frequent legislation of Burma within the context of the country's criminal approach. conventional legislation govern the affairs of the kinfolk ordinarily whereas codes and precedents designed and built at the imported British universal legislation procedure get pleasure from particular keep watch over and authority over the remainder felony relationships in society. This quantity appears on the felony process in define and the ordinary legislations of the Bur mese relatives in a few element. The primary legislation of alternative indigenous teams, reminiscent of the Shans, the Kachins, the Chins, the Kayah, the Mon and the Arakanese, additionally have to be studied, restated and appraised, for although the legislation are comparable there are colors of variations, and in construct ing the Union of Burma it is very important construct strongly at the simi larities whereas giving due recognize to the variations. it truly is, for that reason, was hoping, that this quantity will release a sequence of reviews at the well-known legislation of the peoples of Burma in a wide context and with excessive objective. there are various wishes for carrying on with learn within the box of customized ary legislations. One is to find the customs of the folks as they are surely, not only what they're presumed to be in early criminal treatises or in later judicial decisions.
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Additional resources for Law and Custom in Burma and the Burmese Family
Century till Burma's independence in 1948 by various means such as extension, adaptation, and adoption - the pace of legislative activity has also been fast since independence. 1 According to the National United Front, a research-minded opposition party, there were 141 days and 402 hours of effective sitting of Parliament in its term from 1956 to December 1959, and during that time 198 Acts were passed, thus making an average of 2 hours and 32 minutes of debate and discussion given to one Act. 2 Great improvements are being made to bring legislation and popular opinion closer: in the drafting of bills, for example, political parties work together sharing viewpoints and negotiating; draft bills are published to attract comments from the press and the public; seminars are conducted to debate the important features of the bills; special committees of experts are set up to study and report, and a standing advisory committee of learned elders gives its views on important public affairs.
Criminal charges were disposed of on similar lines, and were not carefully distinguished from civil claims. The policy was to discourage unnecessary litigation, and to dispense justice with the minimum of form. In this Mr. Maingy succeeded, and, though he did not know it, made a happy blend of British and Burmese notions of justice. Leviathan could not be held off forever, however, and in 1834, Mr. Blundell, who succeeded Mr. Maingy, was reporting to the High Court in Calcutta of his fears that the Judges might "have in contemplation to introduce a closer analogy to the system of the Courts in Bengal which seemed unsuited to the state of society in these province ...
World War II and military occupation by the Japanese forces raised a crop of questions. Burma was under occupation from May, 1942, to approximately May, 1945, during which period the Japanese first had a military administration and later, on August 1, 1943, proclaimed the independent status of the state within the 'Greater East Asia Co-prosperity Sphere'. By order of the military commander the courts were re-opened, after a few months of suspension, in 1942, and when independence was proclaimed they were slightly reorganized.