HISTORICAL EVOLUTION OF THE LAW

Abstract

Along with the evolution of human society
and its organization in families, races and tribes, we
witness   the   emergence   of   first   behaviour   rules 

embedded in skills, habits, customs, etc. The entire
community acted according to these rules because their
disobedience had an influence on the survival of the
entire community, as they had a powerful mystical and
religious character. Sanction measures evolved along
with  the  evolution  of  communities  and  they  were
applied to individuals who disobeyed and broke these
rules. Thus, the first forms of human community used
the  death  penalty (blood  revenge¹)  as  means  of
punishment  for  serious  violation  of  the  rules  of
coexistence. Later on, death penalty was replaced by the
individual`s  expulsion  from  the  community  and  as
communities evolved, material redemption was used
instead of expulsion. The first judicial norms (the germs
of law) developed among these social cohabitation,
organization   and   behaviour   rules.   Judicial   norms
differed  from  other  rules  due  to  their  compulsory
character and by appeal to the coercive force of the
community   when   they   were   broken   by   certain
individuals. The change of social, customized norms
into  judicial  norms  and  the  emergence  of  law  as
independent entity take place along with the occurrence
of state and public power rooted in the Greek - Roman
Antiquity. It  has  been  set  that  law  is  a  social
phenomenon incidental to human society; thus, Romans
have expressed this statement through the phrase: “ubi
societas, ibi jusâ€, namely law occurs along with the
society. Law, like society is not a static, immutable
entity issued once and for all; they are under constant
development and social-historical evolution. As social
phenomenon,   social   law   experiences   a   constant
historical  evolution,  bearing  the  mark  of  historical
periods and cultural, spiritual and religious features of
nations.