The law and regulations do not always existed.
At an early stage of development of human society, human relations were governed by verbal prohibitions and restrictions.
And only with the complexity of the social structure and the emergence of the foundations of statehood was necessary to consolidate the rules of conduct in the form of written laws.
Why is there a need for laws
In primitive society, the relationship betweentribesmen were not different complexity and variety. Yet often I had to adjust them in order to avoid conflicts and misunderstandings. The role of the regulator in this case, playing habits, restrictions and prohibitions on certain activities.
Those who violate the established family, subjected to strict measures up to the censure, physical punishment or expulsion from the community. </ Blockquote>
Over time, social relations significantlychanged. Complicate the social structure of the community, there was a private property. Often become conflicts between members of society. This has caused the need for the appearance of a special structure for the management and enforcement. Thus arose the state.
One of the functions of the state and was just in the regulation of the relationship between individual members of society. There was a need to consolidate the rules of conduct in writing, by limiting the freedom of people.
The emergence and development of laws
In the second millennium BC appearthe first written laws of the system. One of the oldest sources, suggests the emergence of the rule of law, considered the laws of the Babylonian king Hammurabi. In its Code clearly defines the rights of person and property owners.
First, the source of the laws were higher facestate. The kings themselves determine what standards of conduct need legislative consolidation, themselves dispensed justice and to impose sanctions for breaking the law. Subsequently, the control functions transferred to the specially selected judges. There were legal experts who have studied and interpreted the laws.
During the heyday of Roman law receivednew content. Many of the principles of Roman law in a somewhat altered form survived until today and are reflected in modern legislation. Later, humanity has gone through a period of the Middle Ages, when the relationship between humans is most often governed by church laws and regulations which were called canons.
With the further development of civil societycomplicated and legislation system. After the XII century on the basis of the provisions of the Roman law in many European countries began to develop civil, common and international law.
Gradually they began to regulate the laws and relations between states.</ Blockquote>
Over the centuries the laws of development rightschanged significantly. They have become more responsive to the particular social system and economic activity. The modern lawyer has to deal with complex legal system. Knowledge of the laws and the ability to apply them in practice identified as a direction, called jurisprudence.