Origins of law
The Origins of Law
Law has existed in some form across human societies for thousands of years. But formal legal systems arose at different points in history, often connected to the development of cities, governments, social stratification, and writing systems. Understanding the early origins and evolution of law provides insight into key aspects of human civilization.
Early Law
The earliest known formal legal codes date back to ancient Mesopotamia. The Code of Ur-Nammu was written around 2100-2050 BCE in the Sumerian language. It addressed issues like moral behavior, prices, wages, and divorce. The more extensive Code of Hammurabi dates to about 1754 BCE in Babylon. It codified statutes and punishments across areas like property, contracts, and criminal law. Scholars believe informal law governed behavior in preliterate societies long before such written codes.
Roman Law
Roman law formed the foundation for modern civil law systems. The Twelve Tables enacted around 450 BCE established the law of the Roman Republic. Later, Roman emperors issued decrees and commands that were binding. Over centuries, these accumulated into an extensive body of jurisprudence. Roman law was rediscovered in medieval Europe and eventually supplanted feudal canon law and tribal Germanic law.
Medieval England
The English common law tradition emerged in the Middle Ages. Local customs and traditions were standardized across the kingdom and documented by courts. Centralized monarchies developed comprehensive laws and appointed judges to interpret them. Common law was primarily unwritten at first, evolving through court rulings and precedent. Royal courts consolidated power and slowly supplanted feudal, manorial, ecclesiastical, and local jurisdictions.
Enlightenment Codifications
The Age of Enlightenment brought a wave of legal codification across Europe as monarchies enacted comprehensive new legal codes like France’s Napoleonic Code.Codification helped reform and standardize laws into rational, integrated systems. However, common law remained largely uncodified in England. Colonialism later spread European legal traditions worldwide.
Modern Evolution
Legal systems continue adapting to new conditions. International law has grown since WWII. Complex regulatory states enact abundant statutes and agencies issue extensive regulations carrying the force of law. Customary legal practices still operate in many societies alongside formal legal systems, spurring debate over legal pluralism. Understanding early legal origins illuminates modern law.
While sharing core principles, legal systems evolved from different historical roots across human civilization. Early codifications and common law established foundations that continue shaping diverse modern legal orders.