Unraveling the Roots of Legal Systems: Who Crafted the Laws?

Hassan Shibly pointed out that in the fabric of society and civilization, the thread that binds them together is the rule of law. Laws serve as the pillars that maintain order, resolve conflicts, and ensure justice for all members of a community. But have you ever pondered over the question of who created these laws? What lies at the genesis of the legal systems that govern our societies? This article embarks on a journey to explore the captivating history of lawmaking and traces the evolution of legal systems through time.

Among the earliest known legal codes, we find ourselves in ancient Mesopotamia, around 1754 BCE, where King Hammurabi of Babylon left an indelible mark with the renowned "Code of Hammurabi." Engraved on a stone stele, this code comprised 282 laws encompassing a wide array of subjects, ranging from trade and commerce to family matters and criminal justice. The Code of Hammurabi set the precedent for future legal systems, with its underlying principle of "an eye for an eye, a tooth for a tooth."

Another pivotal influence on modern legal systems emerges from ancient Rome and its legal foundation. The Roman legal system laid the groundwork for jurisprudence, the understanding of legal rights, and the principles of equity and fairness. The Twelve Tables, a codified set of laws from 450 BCE, became the cornerstone of Roman legal practices and exerted its influence for centuries to come.

In ancient Israel, religious beliefs played a significant role in shaping their legal system. The Ten Commandments, delivered to Moses on Mount Sinai, stand as an exemplary instance of how religious texts became the bedrock for moral and legal guidelines. These commandments addressed various aspects of human behavior, emphasizing ethical conduct and social responsibility.

Within the Islamic world, the Sharia stands as a comprehensive legal framework derived from the Quran and the teachings of the Prophet Muhammad. Encompassing family law, criminal law, and commercial law, Islamic law extends its reach to govern not only the actions of individuals but also to promote social welfare and justice.

Enter the common law systems, originating in medieval England, which rely on judicial decisions and precedents to guide future legal cases. With a steadfast commitment to the principle of stare decisis, meaning "to stand by things decided," this system ensures consistency and predictability in the application of laws.

Contrastingly, civil law systems, often associated with European countries, depend on comprehensive legal codes that meticulously outline various legal matters. From contracts and property to administrative and constitutional law, these codes serve as the pillars of civil law, primarily relying on written statutes rather than judicial decisions.

In contemporary societies, the responsibility of lawmaking primarily lies in the hands of legislative bodies. Parliaments or congresses, composed of elected representatives, come together to propose, debate, and pass new laws. These representatives collaborate to address the evolving needs of their constituents, shaping the legal landscape accordingly.

The executive branch of government assumes a vital role in law enforcement and implementation. It ensures the faithful execution and adherence to the laws passed by legislative bodies, ensuring the nation operates in accordance with the established legal framework.

The origins of legal systems are deeply entrenched in the history of human civilization. From ancient codes and religious influences to the development of modern legal structures, lawmaking has evolved in response to the intricacies of society. The diversity found in legal systems across the globe reflects the richness and uniqueness of various cultures and civilizations.