WEEK NO.

16:
THE HISTORY OF LAW REPORTING

LEGAL HISTORY OF SUB CONTINENT

Presented By Presented To
Sara Affandi Dr. Sayyeda Fatima

PHD-Law Associate Professor of Law

Department of Law

Faculty of Shariah and Law

International Islamic University, Islamabad

14 November 2024

1
 Table of Contents
1. Introduction.............................................................................................................................3
1.1. Early Beginnings of Law Reporting ..................................................................................3
1.2. The Role of Judges and Legal Practitioners in Early Reporting .........................................4
2. The Formalization of Law Reporting .......................................................................................4
2.1. 17th Century: The Rise of Formal Law Reporting .............................................................4
2.2. The 18th Century and Early Legal Texts ...........................................................................5
3. The 19th Century: The Institutionalization of Law Reporting ..................................................5
3.1. The Creation of Official Law Reports ...............................................................................5
3.2. The Influence of Law Reports on the Common Law System .............................................6
4. Law Reporting in the British Colonies .....................................................................................6
4.1. The Spread of Law Reporting to the Indian Subcontinent ..................................................6
5. 20th Century: Modern Law Reporting .....................................................................................6
5.1. The Establishment of Modern Law Reports.......................................................................6
6. The Role of Electronic Law Reporting ....................................................................................7
7. Conclusion ..............................................................................................................................7
References ..................................................................................................................................8

2
 The History of Law Reporting
1. Introduction
Law reporting is the process of documenting and publishing judicial decisions of courts, which
form a significant part of legal literature and are an essential source of law. Over time, law reporting
has evolved from informal written records to a formal system that is crucial for the development
of legal principles and precedents. The history of law reporting can be divided into several key
phases, from its early origins in medieval England to its establishment as a formal and systematic
process in modern times.

1.1. Early Beginnings of Law Reporting

1.1.1. Medieval and Early Modern Period: Informal Reporting

In the medieval period, law reporting was informal and often oral. Judges' decisions were not
consistently written down, and the legal system relied heavily on oral arguments and local
customs. Legal professionals and scholars often relied on memory and personal notes to record
judgments, with decisions being communicated through word of mouth.1

1.1.2. Common Law Courts (England): In England, the common law courts began to formalize
the judicial process during the 12th and 13th centuries. However, it was still common for
decisions to be passed down orally, and there was little formal documentation. Some decisions
were recorded in the form of writs, which were brief written documents that specified orders given
by the court. These were not comprehensive case reports as we understand them today but served
as an important step toward the development of formal law reporting 2.

1.1.3. Court Rolls and Manuscripts: Early written records of legal proceedings were often
contained in court rolls or manuscripts kept by local clerks or scribes. These were not
comprehensive legal reports but were basic records of cases heard in court. Court officials often
maintained detailed records of proceedings, especially in matters of property disputes, marriage
contracts, and criminal cases3.

1
Baker, John. 1986. “Dr. Thomas Fastolf and the History of Law Reporting.” Cambridge Law Journal 45 (1): 84–96.
2
Fama, Eugene F. 1983. “Separation of Ownership and Control.” The Journal of Law and Economics 26 (2): 301–25.

3
Coase, R. H. 1960. “The Problem of Social Cost.” The Journal of Law and Economics 3 (3): 1–44.

3
1.2. The Role of Judges and Legal Practitioners in Early Reporting
In the early stages, law reporting was often undertaken by lawyers or judges themselves, who
would record important rulings for future reference. Some of these records were highly personal
and were not formally published.

For example:

Year Books: The Year Books (which began in the 13th century) were an early form of law
reporting in England. These were a series of legal manuscripts that recorded decisions in the
English common law courts. The Year Books were written in Anglo-Norman and Latin and were
primarily used by practitioners to understand past decisions. They were not systematic reports, but
they laid the foundation for modern law reporting. 4

2. The Formalization of Law Reporting

2.1. 17th Century: The Rise of Formal Law Reporting
The 17th century marks the beginning of formal law reporting in England. Several factors
contributed to this development, including the increasing complexity of legal disputes, the rise of
legal education, and the desire for consistency in judicial decisions.

2.1.1. The Establishment of Law Reports: In the 17th century, official and private law reporters
began publishing comprehensive accounts of judicial decisions. Sir Edward Coke, an
influential English jurist, played a role in the development of legal reporting by ensuring
that judgments from the Court of Common Pleas and the King’s Bench were formally
documented.
2.1.2. The Role of Sir James Burrow and the “Reports”: One of the key figures in early law
reporting was Sir James Burrow, who compiled the Reports of Cases in the Courts of
King's Bench and Common Pleas in the 18th century. His collection became an essential
reference for lawyers and judges, and these published reports were the forerunners of
modern case law.

4
Baker, John. 1986. “Dr. Thomas Fastolf and the History of Law Reporting.” Cambridge Law Journal 45 (1): 84–96.

4
2.2. The 18th Century and Early Legal Texts
The formalization of law reporting continued throughout the 18th century. Printed law reports
became more systematic, and law reporting began to play a larger role in ensuring consistency and
predictability in judicial decisions 5.

2.2.1. The Case of Fitzherbert (1703): This case is significant because it marks one of the first
instances of law reports being used in a binding way. It represented an early attempt to
ensure that judicial decisions were published and available for reference by the legal
profession6.
2.2.2. Samuel March Phillipps: Phillipps was one of the earliest law reporters who started the
practice of systematically reporting cases, ensuring they were distributed widely to legal
professionals 7.

3. The 19th Century: The Institutionalization of Law Reporting

3.1. The Creation of Official Law Reports
As law reporting became more organized and systematic, the need for authoritative and reliable
sources of legal decisions grew. This led to the institutionalization of law reporting in the 19th
century.

3.1.1. The Establishment of Official Reports: The Law Reports series was established in
England in the 1860s, creating an official and recognized set of reports that documented
the decisions of the superior courts of law. The creation of official law reports was aimed
at reducing inconsistencies between unofficial reports and improving the accessibility of
case law.
3.1.2. The Role of Sir Frederick Pollock: In the 19th century, Sir Frederick Pollock, a
distinguished legal scholar, helped establish a more uniform system of law reporting. His
efforts contributed to the standardization of the process, and Pollock worked with other
legal figures to enhance the credibility and authority of law reports in England.

5
Fama, Eugene F. 1983. “Separation of Ownership and Control.” The Journal of Law and Economics 26 (2): 301–25.
6
Coase, R. H. 1960. “The Problem of Social Cost.” The Journal of Law and Economics 3 (3): 1–44.
7
Fama, Eugene F. 1983. “Separation of Ownership and Control.” The Journal of Law and Economics 26 (2): 301–25.

5
3.2. The Influence of Law Reports on the Common Law System
By the 19th century, the doctrine of precedent—which holds that earlier judicial decisions should
guide future rulings—was firmly established in English common law. The growth of law reports
was directly tied to this principle, as precedent could only function effectively if judicial decisions
were systematically recorded, published, and available for reference. This solidified the role of law
reports as a central component of legal practice in Britain.

4. Law Reporting in the British Colonies

4.1. The Spread of Law Reporting to the Indian Subcontinent
With the expansion of the British Empire, the practice of law reporting was introduced to the
Indian subcontinent. The East India Company and later the British Crown established a legal
system in India based on English common law. As part of this system, law reports became crucial
for the development of Indian jurisprudence.

4.1.1. The Early Reports: The Calcutta Law Reports, founded in 1869, was the first set of law
reports published in British India, and they played an important role in shaping the judicial
system. The Allahabad Law Reports (1883) and the Bombay Law Reports (1869) were
other important regional law reports8.
4.1.2. Influence of British Precedent: Early law reports in India often focused on applying
British precedent to Indian cases. However, over time, these reports began to reflect the
unique social, cultural, and legal context of India, contributing to the development of a
more indigenous body of case law.

5. 20th Century: Modern Law Reporting

5.1. The Establishment of Modern Law Reports
In the 20th century, law reporting became more formalized and standardized across the globe.
Many countries that were part of the British Empire, including India, Pakistan, and Sri Lanka,
developed their own sets of official law reports based on the British system.

5.1.1. The All-India Reporter: One of the most prominent and influential law reports in India is
the All-India Reporter (AIR), which began publication in 1919. AIR quickly became the

8
“Testimony: A Philosophical Study.” 1993. Choice Reviews Online 30 (05): 30–260530–2605.

6
 most widely cited source of law reports for judicial decisions in India and continues to be
a primary source for legal professionals.
5.1.2. Other Law Reporters: In addition to AIR, India also saw the development of several
regional and specialized law reporters, such as Indian Law Reports (ILR) and Supreme
Court Reports (SCR), which focus on judgments of the Supreme Court.9

6. The Role of Electronic Law Reporting

With the advent of digital technology and the internet, law reporting entered a new era. Online
legal databases such as Manupatra, SCC Online, and LexisNexis have made it easier for legal
professionals to access and analyze law reports. These digital platforms offer vast collections of
case law, making law reporting more accessible and interactive.

7. Conclusion
The history of law reporting reflects the development of judicial systems around the world,
particularly in common law countries. From informal recordings in medieval England to the
establishment of official law reports and the digitalization of legal information, law reporting has
played a crucial role in ensuring consistency, transparency, and accessibility in the legal system.
In the Indian subcontinent, law reporting has helped establish a distinct body of case law that
balances British precedents with local legal traditions, thereby contributing to the evolution of
legal thought and practice in the region. The importance of law reporting remains central to the
operation of modern legal systems today.

9
Coase, R. H. 1960. “The Problem of Social Cost.” The Journal of Law and Economics 3 (3): 1–44.

7
 REFERENCES
Baker, J. H. (1986). Dr. Thomas Fastolf and the History of Law Reporting. The Cambridge Law

Journal, 45(1), 84-96.

Coase, R. H. (2013). The problem of social cost. The journal of law and Economics, 56(4), 837-

877.

Fama, E. F., & Jensen, M. C. (1983). Separation of ownership and control. The journal of law and

Economics, 26(2), 301-325.

Moser, P. K. (1993). Testimony: A Philosophical Study. Philosophical Books, 34(3), 165-167.