The Origins of Law
Civilized societies function on the basis of established and codified laws. The purpose of these laws is to ensure that every member of society is treated equally and impartially. Additionally, laws mandate that punishments be dispensed against those who do not follow the norms and mores accepted by society, or who engage in criminal activities that cause injury to individuals or property.Codified Law
Our codified system of civil and criminal law has evolved over many centuries. It is generally accepted that the first written laws were set out by King Hammurabi of Babylonia who reigned in the second millennium B.C. It is from Hammurabi’s “code” that the concept of an accused being “innocent until proven guilty” is derived. Over time, laws have evolved along with societies in order that they be self-regulating for the benefit of all. Most laws in the United States are based on English common law, which in turn traces its roots back to Roman law. This is generally true for most English-speaking countries, European nations, and East Asian nations. France, Spain, and their now-independent former colonies base the bulk of their legal code on Napoleonic Law, which differs notably from English common law in many respects. The state of Louisiana is distinctive in that, thanks to its history as a French territory, its laws are derived from both English and French common law. The “Code Napoleon” was a milestone in the history of law in that it sought to codify and standardize the so-called “law of the land,” first with respect to civil matters and later for criminal matters. The promulgation of a standardized legal code had the effect of removing religion, superstition, and local customs from the practice and implementation of legal issues.
Establishing Legal Precedent
By the end of the nineteenth century, most English and American laws had been codified, yet modification continues to this very day and will carry on into the future. This is because laws are constantly evolving due to the phenomenon of “precedent.” As legal precedents are established, they form the basis for new and varying interpretations of law that, in turn, affect how that law is applied during debate in court.
Interpreting the Law
Laws are the sinews that bind together the various parts of our legal system. Different kinds of professions are devoted to interpreting and implementing the many laws and types of law that underpin our society today. These include lawyers, judges, police and politicians, along with the many people who support and assist them in so many ways. For those who agree with Shakespeare in his play Henry VI -- “The first thing we do, let's kill all the lawyers” -- would be wise to consider the potential effects on society should this come to pass!
