Origin of law

The true origin of law is unknown until now. Of course, there are many plausible theories, but none of them is accepted by everyone and everyone.

Origin and essence of law

Below we will consider the basic theories. In order to understand what is right, it is necessary to study the characteristics of each of them.

Legal positivism

This current in legal science is very important and significant. John Austin is his ancestor. In this case, the right is considered the command of the ruler, that is, the person in power. Instructions, in principle, can come not from a particular person, but from an organ endowed with state-power powers.

A positive right is effective only when the people are ready to obey it. State power is specific. Positive can be called only those laws that involve the imposition of specific duties. And also the existence of certain sanctions, which will occur if these duties are not met.

The law is created by one who can create it, which means that its execution is mandatory.

Sociological Theory

It arose within the framework of "free law". It is connected with the fact that the right develops depending on the state of the society. There are certain people who are called upon to find out the needs of citizens and to translate them into law. According to this theory, the origin of law is due to the fact that everyone has needs, the satisfaction of which leads to the well-being of society.

In this case, judicial precedents play an important role. Judges are people who know what citizens need. Their opinion has great authority. The precedent is the most important source of law.

Psychological theory of law

Here, right is considered something that is in the mind of a person. Representatives of this theory argue that the origin of law is associated with emotional and intellectual processes that constantly occur in the psyche of individuals.

The very essence of law is determined through the psyche of individuals. This means that people who have the right to create laws must take into account the social psychology of individuals. Effective law is a right that is correctly perceived by acting on a person at a subconscious level.

Theory of natural law

It is connected by the fact that the origin of law is not associated with any human characteristics, that is, how it is based on the laws of nature. It is natural and belongs to us from birth itself.

Representatives of the theory believe that there are certain forces that imperceptibly incline us to commit certain actions necessary for the well-being of society.

Natural law is what gave people certain attitudes that helped achieve everything that we have today. They predetermine our development, improvement and so on. Natural law has a direct connection with morality, which appears to be a definite basis.

Marxist theory

It is also called class. It is based on the fact that the right is called upon to ensure the needs of not all people, but only of the ruling class, that is, the will of the rulers, which is embodied in the law. What is happening in the country, primarily due to the economic situation. The economy, as well as the attitude of property, is what everything is built on.

The patriarchal theory of the origin of state and law

Society is some kind of family. In the family - the head of the father. In ancient times people lived in certain groups, which changed, united, expanded. In each such group there was an elder, whom everyone recognized as the father of the family. The origin of law and the state is connected with the moment when these groups have become too large.