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History of law


History of law

The history of law or legal history is the history of our race, and the personification of its experience. Law developed before history was even recorded and rules were recognized to reconcile discussions before written laws or courts ever existed. This dates back to the age of the ancient Egyptians and Babylonians.  Different to idea, law was discovered and not invented.  It was systematically discovered established on historical experiences and historical events of generations for years and centuries.

In Babylonia, the Mesopotamia region, ethnic customs were transformed into social laws thousands of years ago.  Laws also existed in ancient Greece. Our information of ancient Greek laws comes from several Homeric writings.  As well, the Roman law was the legal system not only in ancient Rome, but was applied all over Europe until the eighteenth century.  A lot of European modern laws are still influenced by Roman law.  English and North American common and civil laws also be obliged some debt to Roman ancient law.

Customary law dictated human actions, for a long time, by reflecting the conduct of people towards one another. Below customary law, rules spontaneously emerged and developed to establish an argument between people.  These spontaneously born rules are voluntarily pursued by the parties implicated in the dispute and are more likely to be gratifying to the parties than a rule imposed on them by an authoritative body.  The customary law was the procedure that guides to the discovery of natural law.  Natural law is the irrefutable standard to which laws must be stable in order to be legitimate.  In other words, we can say that natural law is the body of rules of right conduct and justice common to all people.  By comparison, common law is a system by which a law comes to pass based on some legal antecedent. 

Historically, Anglo-Saxon customary law implicated a group of people known as Bohr. The group compromised a guarantee for each of its members.  Each individual would protect his/her property claims by accepting the responsibility to respect the property rights of others.  The group would then pay the penalties for any member found to be in infringement of the agreement.  Since finances were at stake, the group had an inducing reason to police its members and often invalidate the membership of those found in infringement of the rules.  Moreover, it was also common to socially exile those who violate the rules.  If the outcast member pays compensation, then they may be permitted to become members of the group again.  These rules that evolved spontaneously established disputes between people in a civilized method thus eliminating violent measures.  In some cases, the process implicated appeals and mutual disputes.  This process and these two way arguments are analogous to financial organizations (in our time) such as insurance companies.

Early Anglo-Saxon courts were assemblies made up of common people and neighbors.  These early courts passed their sentence according to customary law.  This guaranteed non violent means for solving conflicts.

In the middle ages, there was a commercial and trade law that governed the trade and commercial transactions during Europe.  This law emerged appropriate to require for certain standards to normalize international trade.  Europe wide court systems and legal orders were formed and those who did not abide by the rules, regulations and decisions of this system were excluded from the social as well as business community.  That is, the suffered the effect of not being able to conduct business transactions in the future.

Basically, customary law seeks to protect individual rights and during non violent resources.  The economic fines imposed on the culpable party are destined to compensate the victim in the dispute.  The culpable party is obliged to make payment in order to elude social and commercial exclusion.  At the same time, the method permits space for every individual including the supposed guilty party to speak, dispute and express their difference. 

Among certain lawyers and historians of legal method it has been seen as the registering of the progress of laws and the technical clarification of how these laws have developed with the view of better considerate the origins of diverse legal concepts, some consider it an area of intellectual history. Twentieth century historians have examined legal history in a more contextualized mode more in line with the thoughts of social historians. They have looked at legal institutions as complicated systems of rules, players and symbols and have seen these elements interrelate with society to change, adjust, oppose or promote certain characteristics of civil society. Such legal historians have tended to evaluate case histories from the parameters of social science investigation, using statistical methods, analyzing class differences among litigants, petitioners and other players in diverse legal processes. By analyzing case results, operation costs, number of settled cases they have begun an examination of legal institutions, practices, actions and briefs that give us a more composite picture of law and society than the study of jurisprudence, case law and civil codes can accomplish.