Definition of law
In general terms, law refers to the set of norms that govern human activities.
Positive law and natural law
A distinction is made between positive law and natural law. Positive law refers to the set of rules that apply at a certain time to a defined territory. Natural law reflects a philosophical conception, important in Western thought, postulating that superior and universal theoretical norms apply to all human beings, at all times and in all places, independently of positive law, which must conform to natural law.
Law is mandatory
Law must be distinguished from subjects and concepts such as philosophy, religion, politics, morality, ethics, equity or legitimacy, which refer to philosophical beliefs, appreciations, considerations and values characterized by subjectivity and relativity. Law may be influenced by these conceptions, or criticized based on them. However, in itself, law is general, impersonal and compulsory. It has an important technical dimension and a marked objective character.
Law and custom
Law is distinguished from custom. Law is mandatory. Sanctions are incurred in the event of non-compliance with the rules of law. Custom refers to habits that are not legally sanctioned, that may differ locally and that are likely to evolve without formalism. A custom may become a rule of law, but not all customs are rules of law.
Formalism: oral law and written law
Law is not necessarily written. For example, even today, the constitution of the United Kingdom is composed of unwritten customary rules, such as the obligation for the entire cabinet to resign when its policy is questioned by the chambers.
Sources of law
The competent public authorities, which set the normative framework applicable in their territory, are the main sources of law. Subjects of law are also likely to create legal obligations, through contracts or unilateral acts.
Public and private law
Public law refers to the legal matters that govern public persons, their activities, as well as the relations between them and with private persons. Public law includes, for example, the following matters: constitutional law, administrative law, customs law. Private law refers to the legal matters that govern private persons, their activities, as well as the relations between them. Private law includes, for example, the following matters: civil law, company law, labour law.
Public international law and private international law
Public international law concerns relations between States and international organizations. Private international law concerns international relations between private persons, as well as the international activities of private persons.
A brief overview of the history of law
The prehistory of law
One can think that law is consubstantial with humanity. Law is necessary for the functioning of a human society. Basic forms of oral law must have appeared at the same time as language.
The proto-law
Proto-writing, which preceded writing, was probably used for cultic purposes, but also to count cattle and commodities and perhaps to establish their ownership. It can be considered that basic forms of written law appeared at the same time as proto-writing.
Law and writing
Writing was probably developed independently by several civilizations, in Mesopotamia (between 3400 and 3100 BC), Egypt (about 3250 BC), China (around 1200 BC) and Mesoamerica, particularly in southern Mexico and Guatemala (around 500 BC). Written law was likely developed in parallel with writing, by several civilizations.
The emergence of written law
Current knowledge places the appearance of written law in Mesopotamia, more than 4400 years ago (2400 years before Christ). Writing appeared in this region, between the rivers the Tigris and the Euphrates, more precisely in the country of Sumer located today in Iraq, about 5400 years ago (3400 years before Christ).
The beginnings of international law: the oldest bilingual peace treaty
The Egyptian–Hittite peace treaty, also known as the Treaty of Kadesh, the Eternal Treaty or the Silver Treaty, is the oldest bilingual peace treaty currently known. The treaty was concluded between Egyptian pharaoh Ramesses II and king of the Hittite empire Ḫattušili III in 1259 BC.
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