Legal complexities unravelled simply

‘An Introduction to Law in Sri Lanka’ by Ruana Rajepakse. Publisher: Stamford Lake (Pvt) Ltd. Reviewed by N. Selvakkumaran

‘An Introduction to Law in Sri Lanka’ by Ruana Rajepakse provides a clear and concise account of different important areas of law in this country. It is written in a style that makes it easy for even a general reader to understand. The choice of words used is such that it leaves no room for ambiguity. It is lucid and in simple language. The book demonstrates Ms. Rajepakse’s comprehensive understanding of, and familiarity with, the different areas of laws in Sri Lanka. It is useful reading to any law student. It will also benefit any member of the public who is interested in getting to know the law of the land and how to proceed when faced with problems affecting his or her rights and interests.

Having had significant influences of Roman Dutch Law and English Law, our legal landscape represents a hotchpotch of many different systems including Kandyan Law, Tesawalamai and Muslim Law. It is not easy even for a law student, leave alone a lay man, to come to grips with the law of the land accurately. Without being too technical, and conscious of her readers, Ms. Rajepakse, through her revised edition, serves a useful purpose of explaining the general legal principles applicable in different situations.

Ms. Rajepakse has admirably brought out the basic principles of different important areas of law in the country. Her coverage of the different areas is comprehensive and the arrangement of 14 chapters has also been properly sequenced. Viewing from the perspective of an ordinary citizen who would wish to seek legal redress for his or her problems, Ms. Rajepakse explains the country’s courts structure (different courts) and their jurisdictions, and deals with the procedural steps to be taken to institute civil and criminal proceedings. She also illustrates in simple language what steps are to be taken to defend a case. Legal system and constitutional issues follow suit giving the reader a clear understanding of the different legal systems that operate in the country and how the constitutional government functions in the country. Her allocation of a separate chapter for fundamental rights in the book shows the importance she attaches to this ever-growing and vital area of jurisprudence. She provides the readers with a basic knowledge relating to the country’s law of property, including the subject matter of landlord and tenant. She also deals with the institution of marriage under different systems obtaining (or operating….) in the country and the law relating to divorce under those systems. Her exposition of the law relating to succession of property covers both the testate and intestate succession under the general law as well as the special laws of the country. It also enables the reader to know the procedural steps to be taken by a person to become a successor to the property left behind by a testator.

The law relating to contract, sale of goods, hire-purchase (consumer credit), consumer protection, money lending etc is dealt with concisely and lucidly. An ordinary person will easily understand what his/her legal rights and how he/she could get relief when he/she becomes a victim of such transactions. Similarly, Ms. Rajepakse also explains how a business activity could be commenced and what different legal formalities could be followed to start a business and their consequences. She did not miss out on the interests of employees in the ‘private’ sector. She has covered in simple and easily understandable language the substantive law relating to employer-employee relationship and the benefits accruing to employees through various welfare legislation in the country.

Of increasing interest and necessity in recent times is the exposition of basic legal principles governing the protection and promotion of our environment. She has amply explained the law and practice relating to this area, thanks to her active and successful interventions through judicial proceedings in this area of law. She also covers the law relating to civil wrongs which is mainly Roman Dutch Law. The last chapter deals with certain types of offences under the penal code and the elements which constitute them. A brief discussion of different defences is also found in the book.

The book, as seen in the foregoing paragraphs, covers a wide sweep. It is a bird’s eye view of the legal landscape of the country. It serves a valuable purpose of giving to our readers an updated basic knowledge on a variety of important subjects. I strongly feel that it should be basic reading for every student of law in the country. If the Government of Sri Lanka decides to introduce Law as a subject in the GCE (Advanced Level), this book will be an ideal reader for those students as well.

I will re commend that the book is translated into the Sinhala and Tamil languages and made available to a large number of readers who would wish to get a basic understanding of the laws governing them.
(The writer is the Dean, Faculty of Law, University of Colombo)