History and Role of Law

Introduction:
 Law is a system of rules created and enforced through social or governmental
institutions to regulate behavior, with its precise definition a matter of
longstanding debate. It has been variously described as a science and the art of
justice. Stateenforced laws can be made by a group legislature or by a single
legislator, resulting in statutes; by the executive through decrees (rulings) and
regulations; or established by judges through precedent, usually in common law
jurisdictions. Private Individuals may create legally binding contracts, including
arbitration (negotiation) agreements that adopt alternative ways of resolving
disputes to standard court litigation (hearing/lawsuits). The creation of laws
themselves may be influenced by a constitution, written or tacit (unspoken), and
the rights encoded therein. The law shapes politics, economics, history and
society in various ways and serves as a mediator of relations between people.
 The law is important for a society for it serves as a norm of conduct for citizens.
It was also made to provide for proper guidelines and order upon the behavior
for all citizens. It keeps the society running.
 Without law there would be chaos (confusion) and it would be survival of the
fittest and every man for himself. Not an ideal lifestyle for most part.
 The law is important because it acts as a guideline as to what is accepted in
society. Without it there would be conflicts between social groups and
communities. It is pivotal (essential) that we follow them. The law allows for easy
adoption to changes that occur in the society.
 History is the study of past events. The relation between law and history is so
close.
 History furnished (provide) the background in which the correct idea of law can
be established.

Meaning of relevant Terms:

Meaning of History:
Study of past events, particularly in human affairs
Meaning of Society:
A group of people living together in a more or less ordered community
Meaning of Law:
The system of rules which a particular country or community recognizes as
regulating the actions of its members and which it may enforce by the imposition of
penalties (punishments).

Definitions
Definition of Society:
An organized group of persons associated together for religious, benevolent (kind),
cultural, scientific, political, patriotic, or other purposes.
Definition of Law:
According to Salmond; “Law is a body of principles recognized and applied by the
state in the administration of justice”.
According to Austin; “A body of rules fixed and enforced by a sovereign political
authority”.

ORIGIN OF LAW/ HISTORY OF LAW/ DEVELOPMENT OF LAW:

History of law is the study of how law has evolved and why it has changed. Legal
history is closely connected to the development of civilizations and operates in the
wider context of social history. Certain jurists and historians of legal process have
seen legal history as the recording of the evolution of laws.
Following are the major stages in the History of Law:
• Customary law and the first codifications
• Roman law
• National codifications
• Common law

CUSTOMARY LAW AND THE FIRST CODIFICATIONS

• Before the advent of writing, laws existed only in the form of customs.
• The absence of written law makes it difficult for the rules to provide
lasting or extensive application.

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 (declare) 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 (imposed) on a person who
break those rules.
• The code - almost entirely lacking defenses, a very early example of strict liability.

Salon’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
(The Twelve Tables (aka Law of the Twelve Tables) was a set of laws inscribed on
12 bronze tablets created in ancient Rome in 451 and 450 BCE. They were the
beginning of a new approach to laws which were now passed by government and
written down so that all citizens might be treated equally before them.) (Lex
Duodecim Tabularum, c.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:

• Assemblies: The Assemblies could decide whether war or peace.
• Senate: The Senate had complete control over the Treasury, and
• Consuls: The Consuls (diplomats) 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 (disturbed) 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 accoutered (furnished), where the royal courts extended their
jurisdiction at the expense of local and feudal courts.

Common law consists of:

• Original common law, or these rules (based upon Anglo-Saxon folk
rights) that have been administered by the common law courts from time
immemorial (ancient); in this sense common law is opposed to statute law.
• 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.

1. 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.

2. 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.

3. 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.

4. 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.

5. 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
Finally I can say that law is important and necessary part of the state and developing
the human beings. Law gives rights and duties to human beings. Law is the body of
principles recognized and applied by the state in administration of justice.