Theories of the origin of law

The basic theories of the origin of the state and law are the first introductory topics in jurisprudence that form the notion of law as such. Let us dwell on the theory of law, which has its own specifics, namely, the origin.

The basic theories of the origin of law have been formulated to the present day with sufficient evidence. Moreover, each of these theories has the right to life, each has its own supporters and propagandists. It should also be noted 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 the right exists for a millennium. Consequently, it was born long ago. Today, we can not exactly 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 theory of the origin of law.

1. Theological theory suggests that law, laws are the will of God and are given to humanity from above. For example, such judgments were recorded in the laws of King Hammurabi, they are also in the Bible. The main idea in this theory is the key role of God. However, the theory is questioned, because there is no evidence that the law was written by God, as the Bible says. Most likely, these are only stories that have been transmitted from adult youth for a long time.
2. A natural theory says that a person has rights by nature. These rights are a positive attitude of a person towards certain things, for example, the value of life, private property, personal freedom and equality. This theory became especially popular during enlightenment, when freedom, equality and brotherhood came first. Consequently, these values were natural human rights, hence the theory itself. Moreover, in this theory of the origin of law the key person was the person himself and absolutely did not take into account the factors that influenced the person and could hypothetically change his values. In many ways, the birth of this theory was aimed at positioning against the outside world, which had other values.
3. The theory of positivism insists that the law occurred on the basis of ownership of the situation in the country by the bourgeois class. In fact, the previous theory and theory of positivism are two opposite theories of the origin of law, which have a different background.
4. The normative theory is more like a modified positivism. At the same time, it is a national team, snatched from parts from different theories. Two postulates were taken as a basis. The first was interpreted by Kant. On it, everything is divided into two spheres - being and obligation. In this case, the normative pyramid also operates, which rests on the hierarchy to the lower stages.
5. Psychological theory was formulated in Russia. Its ancestors say that it is psychology that is the sphere where the right was born. Human experiences are peculiar, which means that they generate legal concepts that are formed in the psyche of an individual.
6. According to the theory of solidarity, the law was born for two reasons. First, a person can not live by himself. He needs to find a collective of the same beings who will live and work with him. And the common work and connects all individuals in a solidary society - a person can not live in a society and be separate from him. Hence all actions must be solidary, that is, with an eye on how this will be perceived by the whole society. Scientists believed that the same motives lead and right.

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 changes.