The Historical Development of Law
Law is a body of rules governing relations between individuals within a society, setting out rights and duties, and setting penalties for those who transgress them. It arose by degrees out of the need for an order that would secure safety and stability, and it developed through the ages to keep pace with what modern societies require. Law passed through several stages of development: it began with custom and tradition, developed into written law, and reached at last the ordered legislation modern states issue.
The first stage: customary rules (unwritten law)
- What customary rules are
Customary rules are unwritten rules arising out of the settled habits and traditions a society complies with, which become binding with the passage of time. Early societies relied on such rules to order their affairs, for there was no formal authority issuing laws: custom fixed how individuals were to deal with one another.
- Characteristics of customary rules
— They are made up of the habits and practices handed down across the generations.
— They are applied informally, through the pressure of the community.
— They have no written texts, resting instead on oral transmission and repetition.
— They differ from society to society according to setting and culture.
- Why customary rules matter in the rise of law
They formed an early foundation of legal order, helping to resolve disputes and to order relations between individuals.
They were a means of governing social conduct before formal legislative authorities appeared.
Some customary rules have carried through into modern law, though drafted more plainly and in better order.
The second stage: the first written codes
- Why written law appeared
As societies developed and their populations grew, custom alone would no longer serve: the absence of clear texts led to disagreement over how the customary rules were to be read. Hence the need to set the laws down in writing, so that they might be clear and readily applicable.
- The characteristics of the earliest written law
The laws were inscribed on tablets of stone or clay, so that they might endure.
They contained determinate rules on penalties, on commercial dealings, and on the protection of property.
It was generally the rulers or leaders who were responsible for issuing and enforcing them.
- Examples of ancient written law
The Code of Hammurabi (1792–1750 BC): one of the earliest known written legal codes, ordering commercial dealings and the penalties for offences.
Roman law: among the most developed legal systems of antiquity, and still an influence on modern legal orders.
- What the first codes did for the development of law
They helped make the rulings uniform and prevented the individual reasoning that might lead to injustice.
They prepared the way for laws ordering public life — the law of trade, of property, and of penalties.
The third stage: the development of law in the modern state
- The rise of the state as an ordered entity
As societies developed and states took shape, it became necessary that there be a legal system administered by institutions of government, and not by individuals or rulers alone. The emerging states helped set laws ordering rule, administration, the economy and social relations.
- Characteristics of law at this stage
Laws came to be issued by specialised legislative authorities.
Formal judicial systems were established, so that the laws might be enforced fairly.
A need appeared to separate the law according to its fields — criminal, civil and commercial.
- The development of the rule of law
The principle of the rule of law began to appear: that all individuals and institutions, rulers included, are subject to the law. This helped strengthen justice and equality within societies.
The fourth stage: modern legislation and positive law
- The industrial revolution and technical advance
With the industrial revolution of the eighteenth and nineteenth centuries, societies grew more intricate, which called for the legal system to be brought up to date to meet the new conditions — labor law, the rights of workers, and the modern law of trade.
- The characteristics of modern law
Codification: states began to gather their laws and draft them formally and in order.
Specialisation in legislation: laws appeared for each field — company law, taxation, the environment, intellectual property.
Laws issued by formal bodies: the enactment of law became the province of parliaments or legislative councils.
Flexibility and the capacity for amendment: modern laws were framed so that they might be amended as the needs of society changed.
- The rise of the different legal systems
As law developed, several legal systems arose, among them:
- The Anglo-Saxon system (the common law): it rests on judicial precedent and the rulings of the courts.
- The Latin system (the civil law): it rests on written and codified law.
- The mixed system: it joins elements of the common law to elements of the civil law.
The fifth stage: globalisation and international law
- The effect of globalisation on law
As states have grown more interconnected, international law has become necessary to order commercial and political relations, which has given give rise to global legal service providers such as:
- The World Trade Organisation (WTO), to order international trade.
- The United Nations (UN), which works to set legal standards for human rights and international peace.
- The International Criminal Court (ICC), to hold international crimes to account.
- The effect of technology on law
Technical development has given give rise to new legal fields, such as:
- The law of cybercrime, to protect individuals from fraud and electronic intrusion.
- Data protection law, to secure the privacy of digital information.
- The law of electronic commerce, to order commercial dealings over the internet.
Law arose from simple customary rules and became at last a complete order governing every aspect of life in the modern state. It developed to keep pace with social and economic change, passing from custom and tradition to written law and to the modern legislation formal bodies issue. As technology and globalisation continue to advance, law will remain in continual development, keeping pace with the renewing needs of society.