The basic theories of the origin of the state and law are the first introductory topics in jurisprudence, which form the concept of law as such. Let us dwell separately on the theory of law, which has its own specifics, namely, the origin.
The basic theories of the origin of law have been formulated quite convincingly. Moreover, each of these theories has the right to life, each has its own supporters and propagandists. It is also worth noting that each theory must be approached critically. Some of them contain a clear imprint of the time in which they were formulated.
Even Immanuel Kant argued that law has existed for millennia. Therefore, it originated a long time ago. Today, we certainly cannot support one single correct theory, since the length of the process does not allow us to introduce it into any framework, including in terms of interpreting the emergence of law. Consider the most popular theories of the origin of law.
- Theological theory says that law, laws are God's will and are given to humanity from above. For example, such judgments were recorded in the laws of King Hammurabi, and they are in the Bible. The main idea in this theory is the key role of God. However, the theory is called into question, since there is no evidence that the law was written by God, as the Bible says. Most likely, these are just stories that have been transmitted from adult youth for a long time.
- The natural theory says that man has the nature of law. These rights are a person’s positive attitude towards certain things, for example, the value of life, private property, personal freedom and equality. This theory became especially popular during the Enlightenment, when freedom, equality and fraternity came first. Consequently, these values were represented by natural human rights, hence the theory itself was formed. Moreover, in this theory of the origin of law, the person himself was the key person and the factors that influenced the person and could hypothetically change his values were completely ignored. In many respects, the birth of this theory was aimed at positioning against the surrounding world, which had other values.
- The theory of positivism insists that law came about on the basis of possession of the situation in the country by the bourgeois estate. In fact, the previous theory and the theory of positivism are two opposing theories of the origin of law, which have a different background.
- The theory of normativism is more like modified positivism. At the same time, it is a team snatched out by parts from different theories. Two postulates were taken as a basis. The first was interpreted by Kant. According to him, everything is divided into two areas - being and duty. At the same time, the normative pyramid also operates, which is based on the hierarchy of the lower levels.
- The psychological theory was formulated in Russia. Its ancestors argue that it is psychology that is the area where law was born. Man is characterized by experiences, which means that they generate the legal concepts that are formed in the psyche of an individual person.
- According to the theory of solidarism, law was born according to two reasons. First of all, a person cannot live on his own. He needs to find a team of the same creatures that will live and work with him. But common labor unites all individuals in a solidarity society - a person cannot live in society and be separate from it. Hence, all actions must be in agreement, that is, with an eye to how this will be accepted by the whole society. Scientists believed that the same motives govern law.
Theories of the origin of law should not be taken as the only true ones. Legal science does not stand still, which means that the above theories will still undergo their changes.