History and Role of Law

Introduction:

The law plays an important role in a society because without it there would be conflicts between social groups and communities. History of law is as old as human civilization.  Legal history is closely connected to the development of civilizations and operates in the wider context of social history. Legal history or the history of law is the study of how law has evolved and why it has changed.  Certain jurists and historians of legal process have seen legal history as the recording of the evolution of laws and the technical explanation of how these laws have evolved with the view of better understanding the origins of various legal concepts; some consider legal history a branch of intellectual history.

Historical Background of law:

The civilization of law and order dates back to the civilization of Greece, who were versatile in nature regarding principles of civil liberty.

Derivation of Term “Law”:

Law Derived from German Term “LAG”, Meaning Fixed or Even

Derived from Latin Term “LEX”, Meaning Rules or Regulations

Meaning of relevant Terms:

Meaning of History: Study of past events, particularly in human affairs.

Origin of law/ History of law/ Development of Law:

The Code of Hammurabi (1760 BC)

• Among the first written codes – that of Hammurabi, king of the Babylonian Empire
• Hammurabi code is based on “if and then rules\”
• One of the earliest examples of a ruler proclaiming laws to his people so that they can know their rights and duties.
• Written on a black stone slab, it contains 300/282 sections with rules relating to the punishments that should be inflicted on a person who break those rules.
• The code – almost entirely lacking defences, a very early example of strict liability.

Solon’s laws (6th century BC)

• It is an outstanding example of early law-making – the laws of the Athenian statesman Solon (6th century BC)
• Regarded by the ancient Greeks as one of the Seven Wise Men, he was granted the authority to legislate in order to assist Athens in overcoming its social and economic crisis.
• Roman law

The Law of the Twelve Tables

• Early classical Roman law is based on the customary rules or customs.
• One of the earliest known codes of laws, the Law of the Twelve Tables (Lex Duodecim Tabularum, 450 BC) consisted mainly of Roman custom/traditions with certain borrowings from Greek law.
• A collection of basic rules, rather than a comprehensive piece of legislation, stated rights and duties of Roman citizens.

Classical jurists

• During the period of the so-called classical jurists (Gaius, Ulpian, and others), between the 1st century BC and the middle of the 3rd century AD, Roman law achieved considerable achievements.
• Writings of jurists had a very significant impact on the development of Roman law.
• The classical jurist Gaius invented a system of private law based on the division of all material into personae (persons), res (things) and actions (legal actions).
• This system was used for many centuries. It can be recognized in legal treatises.
• The Roman Republic had three different branches:
  1. Assemblies: The Assemblies could decide whether war or peace.
  2. Senate: The Senate had complete control over the Treasury, and
  3. Consuls: the Consuls had the highest juridical power

The fall of the Western Roman Empire

• After the collapse of the Western Roman Empire in 476 AD, the development of Roman law was disrupted in Western Europe.
• Law and the political order were fragmented, although the Church preserved a great deal of Roman culture in its laws.

National Codifications:

• By the end of the 18th century, the emergent nation states started creating their own national codes.
• Growing complexity of life has led governments to intervene and legislate on different aspect of life.

Common law:

• Common law originally meant the part of English law that is derived from custom and judicial precedent rather than statutes.
• It is an unwritten law.
• England acquired a common law at an early date because it had a strong centralized monarchy before most other parts of Europe.
• In the 12th century, under Henry II (1154-1189 AD) important developments accoutred, where the royal courts extended their jurisdiction at the expense of local and feudal courts.
• Common law consists of:

1. Original common law, or these rules (based upon Anglo-Saxon folk rights) that have been administered by the common law courts from time immemorial; in this sense common law is opposed to statute law.
2. Those modifications and extensions of the original common law that have been introduced by statute.

• Customary law: With reference to the subjects with which it deals, the common law is divided into civil and criminal, the former includes the branches of private rights arising out of contracts and torts; the later deals with crimes. :

Role of law in the society:

Without law our society would be chaotic, uncivilized mess and anarchy would reign supreme.

• Establishing standards:

Without laws, there would be no way to set standards. It is easy enough to see why murder and theft are crimes, but laws also provide a framework for setting many other kinds of standards. The role that law has in society is that it creates a norm of conducts in the society we live in laws are made to protect its citizen from harm. It set in way that all citizens are given equal opportunity, protection from harm no matter your race, Gender, religion and social standing.

• Maintaining order:

The objective of law is to bring order in the society so the members of society can progress and develop with some sort of security regarding the future. The state makes laws. Disobedience of state laws invites penalty, which is enforced by the government by the power of the state. What is not enforceable is not Law.

• Resolving disputes:

Laws provide a framework and rules to help resolve disputes between individuals. Laws create a system where individuals can bring their disputes before an impartial fact-finder, such as a judge or jury. There are also legal alternatives where individuals work together to find a solution, such as by using alternative dispute resolution (ADR). There are courts at every level, from local to federal, to decide who should win in a dispute.

• Protecting liberty/rights:

Laws protect individual rights and liberties. The Fundamental Rights in the Constitution of Pakistan to guarantee several important protections. The laws protect individuals from other individuals, from organizations, and even from the government. Certain provisions in the constitution of Pakistan prohibit the government from making any law that would interfere with an individual’s right to free speech.

• guarantee equal protections:

Under the law all its citizens are guarantee equal protections. In society laws are made to promote the common good for everyone. That is sets up Guideline for everyone in society to act in way that brings the Greater Good. Everyone acted without thinking about the Greater Good, society would revert to those days where survival of the fittest was the common sight.

Conclusion:

Law provides a source of scholarly inquiry into legal history, philosophy, economic analysis and sociology. Law raises important and complex issues concerning equality, fairness and justice in the society.