Where does the concept of law originate?
I mean, I'm glad it exists, but sometimes it seems strange, like we're trying to artificially impose rules onto human behavior.
Laws are from Sumer
>>1032463
Maintaining a community requires laws that protect the well-being of the people that make up said community. Basic survival.
Code of Hammurabi is amongst the earliest codes of law.
God, desu
Isn't laws just another effect of the division of labor? When society began getting bigger and more advanced it just became natural to get a bunch of professional guards that could make sure the laws the people mostly supported were upheld.
Laws have existed for as long as communities have.
You cannot have a functioning society of more than a handful of people without establishing dos, don'ts, and punishments. The rewards are inherent to the society.
The code of Hammurabi for example established over 200 laws that had to be observed, everything from murder to business transactions to divorce. Evidence was required as was the presumption of innocence.
>>1032478
Ok, I guess this is what I was kind of driving at: the whole naturalism vs positivism thing. Whether there is a moral law that is rooted in God or nature or whatever, or just a cultural construction that has a utilitarian benefit.
>>1032463
according to David Hume justice originated because it provides utility to people in a public/communal setting. e.g. property rights means that people can live without constant fear of their stuff getting stolen
>>1032463
>like we're trying to artificially impose rules onto human behavior.
That's the idea.
If a real answer to that was posted ITT, nobody would even bother reading it.
Read Girard.
>>1032519
What do you mean? Why?
>>1032480
probably true but the "rules" for division of labor are far older than that, they might even trace back before homo sapiens
>>1032524
Experience.
But basically the earliest form of law is religious taboo. These taboos stem from an experience within primitive societies that breaking said taboos disrupts the social order and can threaten the community's very existence. Before there is any form of law enforcement, the culprit is simply beaten by the others until he stops whatever he's doing (threatening murder, pursuing women that are off-limits, or in more complex societies all kinds of other taboos that become associated with disorder, like eating forbidden food or touching impure blood).
