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).
CODIFICATION
The compilation of written legal rules, or even the codification of these rules, appeared very early in Mesopotamia. One of the most emblematic legal texts is the Code of Hammurabi, king of Babylon (1750 BC). These “codes” reveal certain features of the law that endure today. Each code can be considered as a primitive legal system. The political power exercised by the sovereign over a territory is expressed in particular through the judiciary. The rules applied by the sovereign are made public, so that they may be observed.
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. It reveals that basic forms of public international law appeared very early.