Origin and Purpose of Law

There was a man living alone in an island. He is in peace, he is contented, he can enjoy all the endowments of the island, he can do anything he can think and pleases without any soul complaining. There is no use for a law. And there came another man who appears and settles in the island. Then the problem arises, there comes limitations. The first man is not happy; he cannot enjoy some of the things he had enjoyed before. Conflicts and arguments occur, fight for dominance arises. They only have two choices, either agrees on some rules they should obey, or rage war until one of them submits.

And so they choose to have mutual agreements, and it resulted in peace but now with limitations. And then came women settling in the island, and it means children and children bear children and the original first two people died leaving their kin behind. Now does the original agreement between the first two man holds through the children? It now depends on the children, some may choose to live with the original agreement, others may reject it, others want dominance and others seem not to care. Then again, conflict arises; fight for dominance emerges, children group together for alliance creating another agreement in them.

The example above illustrates the meaning of Law. The Law in the comprehensive and general sense is a regulation of action, living or non-living, thinking or non-thinking, like laws of gravitation, of mechanics, of motion, of optics, of natural laws, and of laws of the land and nations.

Focusing on the Laws of the land, this is promulgated by the strong and imposed on the weak, and this law lives just as long as the strong remains the strongest and the weak remains a weakling. This is the old concept of the Law, as the collective consciousness of the people evolves; this form was replaced by the law of equality. This law is founded of the principle that all men are created equal.

This is the evolution of the Law of the Land, Bad Anarchy – chaos and lawlessness, Rule of Man – Kings, Conquerors and Emperors, Rule of Law – Senates, parliaments, congress and assemblies.

Why is there a need for a Law? Anthropologists suggest that man is a social being in nature, man needs each other for protection and when men gathered together, the need for a law that governs them is necessary. According to Sigmund Freud, Men are not friendly and gentle creatures hoping for love and who merely defend themselves when they are under attacked. Men are aggressive, that is a part of its instinctual endowment. And this aggressiveness will eventually manifest when provoke and when the circumstances favored it. The law serves as a guard, a deterrent, and serves as a constant reminder for the people to abide.

Who promulgated the first Law? This is the question that is still subject to many studies, findings and argument. Based on gathered theory and facts the law dates back and is closely related to the existence of man. However, some findings give evidence of ancient laws. The earliest civilizations in the world are said to have formulated the first laws.

The Ancient Egyptian law was said to date as early as 3000 BC. This law incorporates a civil code broken down into twelve books. It was characterized by rhetorical speech, tradition, social equity, and impartiality. This also includes penalties commensurate to any violations.

The early Sumerian ruler King Hammurabi on 1760 BC developed the Babylonian Law and codifies it in stone slabs. These stone slabs are distributed in the kingdom for people to see. This Codex was unearthed in the 19th century and was later known as the Code of Hammurabi.

Perhaps the most famous law of all is the Ten Commandments as written in the Bible. The Ten Commandments was said to be promulgated by God to the tribes of Israel. This contains both religious and social laws incorporated into ten commands.

The Law clearly is meant to subdue man’s inner brutal instincts and to establish a working relationship of men treating each other's as equal. Law is a great equalizer.