Law's roots

Law's role in society

• The law pervades almost every aspect of life: contracts, rights, duties, and the conduct of social, political, and economic activity.

• Core tasks: punish offenders, compensate the injured, enforce agreements; aims include justice, freedom, rule of law, and security.

• Law is often controversial but widely seen as a tool for social progress (rights, equality, safety, environment, personal security).

• Law is dynamic and newsworthy; globalization and regulation challenge traditional systems.

What is law? Competing theories

• Two broad answers:

  • Natural law: law consists of universal moral principles in accordance with nature.

  • Legal positivism: law is a collection of valid rules, commands, or norms that may lack moral content.

• Other views see law as a vehicle for protecting rights, achieving justice, or promoting equality; social context is essential.

• Formalism is fragile; the contingent nature of law and its values matters, especially in times of change.

The genesis of law

• General codes emerge around $3000\,\mathrm{BC}$; before writing, law exists as custom.

• Written codes enable lasting and widespread application beyond mere custom.

The Code of Hammurabi

• One of the earliest codified systems, created by the king of Babylon around $1760\,\mathrm{BC}$.

• A diorite stele with roughly $282$ laws spanning many activities.

• Demonstrates early strict liability (few defences/excuses) and a centralized authority proclaiming known rights and duties.

• Indicates existence of earlier (unwritten) laws echoed in the code.

Solon’s reforms (Athens)

• In the $6^{\mathrm{th}}\,\mathrm{century\ BC}$, Solon reformed economy, politics, marriage, and crime/punishment.

• Divided society into five classes by wealth; obligations (including tax) aligned with class.

• Cancelled debts linked to land/bodies, effectively ending serfdom for peasants.

The Twelve Tables (Rome)

• Circa $450\,\mathrm{BC}$: Tablets binding Romans, intended to be accessible.

• Commission of 10 magistrates (Decemviri) drafted the code (circa $455\,\mathrm{BC}$).

• Enforced by magistrates; applied to both patricians and plebeians; foundational to Roman law.

Law today: scope and perspective

• Lawsuits form only a small part of the legal system; many rules operate outside the courtroom.

• Law interacts with social, political, moral, and economic dimensions; international law increasingly mediates disputes between states.

• Law’s reach extends to human rights, security, environment, and equality; ongoing reforms reflect changing values and technologies.