The Nature of Law

The oldest legal system we know of is the Egyptian system developed around 3000 BC, elements of which were still in force under the Roman occupation three thousand years later; the most complete early system is the Code of Hammurabi (Babylon (Iraq) about 1750 BC). However, they say that primitive legal systems existed much longer ago than that.

Tribal societies gradually evolved into territorial societies, and states of modern kind began to emerge. Each of these states developed its own legal system, some of which had a lasting influence: Roman law in particular remained important for many centuries, and many English universities still teach it today. It is the principle source of law in Scotland and Europe.

Until recently government was seldom concerned in matters affecting the aspects of criminal law, taxation and property rights. The growing complexity of life has necessarily led governments to intervene in many aspects of our daily lives. What motives do governments have in making and enforcing laws? Social control is definitely one purpose. Public laws establish the authority of the government itself, and civil laws provide interaction among citizens. Without laws there would be disorder in society.

Another purpose is the implementation of justice. Justice is a concept that most people feel is very important but difficult to define. Sometimes a just decision is simply a decision that most people feel is fair. But can we create a just society by simply observing public opinion? In general, governments are guided by more practical considerationssuch as rising crime rates.

There are differing views of how law maintains social order and promotes social order in the state. The economic perspective and fundamental human rights are currently major factors in the function and role of society today in a way that they have never been before.