The true origin of law is still unknown. Of course, there are many plausible theories, but not one of them is accepted by everyone.
Origin and essence of law
The basic theories will be discussed below. In order to understand what the law is, it is necessary to study the features of each of them.
Legal positivism
This trend in legal science is very important and significant. John Austin is his ancestor. In this case, the right is considered the command of the ruler, that is, the person in power. The orders, in principle, can come not from a specific person, but from a body endowed with state power.
Positive law is valid only when the people are ready to obey it. State power is specific. Only those laws that imply the imposition of specific duties may be called positive. And also the presence of certain sanctions that will come if these obligations are not fulfilled.
The law is created by those who can create it, which means that its execution is mandatory.
Sociological theory
It arose within the framework of “free law”. It is connected with the fact that law develops depending on the state of society. There are certain people who are called to find out the needs of citizens and translate them into law. According to this theory, the origin of law is due to the fact that everyone has needs, the satisfaction of which leads to the well-being of society.
In this case, judicial precedents play an important role. Judges are people who know what citizens need. Their opinion has great authority. Precedent is the most important source of law.
Psychological Theory of Law
Here, law is considered to be something that is in the human mind. Representatives of this theory argue that the origin of law is associated with emotional and intellectual processes that constantly occur in the psyche of individuals.
The very essence of law is determined through the psyche of individuals. This means that people with the right to create laws must take into account the social psychology of individuals. Effective law is a right that is correctly perceived, acting on a person at a subconscious level.
Theory of Natural Law
It is connected with the fact that the origin of law is not connected with any human features, as it is based on the laws of nature. It is natural and belongs to us from birth.
Representatives of the theory believe that there are certain forces that completely imperceptibly incline us to perform certain actions necessary for the well-being of society.
Natural law is what gave people certain attitudes that helped achieve everything we have today. They predetermine our development, improvement and so on. Natural law has a direct connection with morality, which seems to be a certain basis.
Marxist Theory
It is also called class. It is based on the fact that the law is designed to provide for the needs of not all people, but only the ruling class, that is, this is the will of the rulers, which is embodied in the law. What is happening in the country is primarily related to the economic situation. The economy, as well as property relations, is what absolutely everything is built on.
Patriarchal theory of the origin of state and law
Society is a kind of family. In the family - the head is the father. In ancient times, people lived in certain groups that changed, united, expanded. In each such group there was an elder whom everyone recognized as the father of the family. The origin of law and the state is connected with the moment when these groups became too large.