How the Law was Born

Francesco Carnelutti describes in his book the following concepts: law, lawyer, relations between law and economy, relations between law and morality, crime, property, contract, legislation, judicial decision, state, international community and jurisprudence as fundamental elements to understand the birth and maturation of law.

A great worker called Jurist

In the creation of laws, a great worker called Jurist is needed to create laws, and their quality is fundamental to the creation of good laws, unlike what we see today, when unqualified parliamentarians and lawyers produce bad results for the legal system.

The role of the legislator is to formulate laws and the judge to apply them, remembering that all citizens are also law enforcement officers when they know the law. So how can this knowledge be improved? Perhaps through an educational base with the aim of combating social nuisances such as: delinquency and litigation.

Law was born out of an economic need, which in turn is driven by man’s need to satisfy his desires, but the more he has, the more he wants, perhaps sparking wars because goods are limited. It is worth reflecting on the most precious thing, which is life. It would be fair to see wars as sacrificing people, families and communities for the benefit of the earth or out of pure “Acheism”, considering oneself stronger and having the right to dominate the weaker.

War breeds disorder, and the cure for this disease is to seek a state of peace and harmony within and outside the state, that is, a contract, pact or pactum, because deep down people want to be together, not apart.

The origins of law emphasize its evolution to address societal complexities and international problems. In today’s globalized world, platforms such as https://ofac.lawyer/ provide specialized knowledge to navigate modern legal frameworks, including compliance with international norms and sanctions.

The contract is the fruit of the economy

The contract is the fruit of the economy, which has spread to the law, but although this fruit is contained in the former, it is not a guarantee of peace, since it is a form of equilibrium between the parties to the business. In fact, in the economic sphere there is no peace, but struggle and truce. The law was born as an instrument of order among men and satisfied the highest needs of the individual and society.

Disorder and selfishness are elements of the economy, that is, the domination of one's own "self", which we now see in men, where the "self" dominates more and more, without respecting others. Morality as the domination of love is the domination of freedom. But what does it mean to have love for others? Simply respect? This is not something true and mutual. Remember that men are different from each other and each one must have the sensitivity to identify these differences and reduce them.

Society as a living organism is made up of several organs and for this survival it is necessary to have the instruments of order to seek the balance of this organism, otherwise it would get sick and eventually die. A mandate is a guide that determines what behavior we must follow, and if a threat or action contradicts the mandate, the sanction will come as a force to obey the order, since the law is a combination of force and justice, that is, the sword and the scales.

What is the purpose of law?
To eliminate wars?
Just an optional tool of the economy?

Law is transformed as society is, in its original forms it was intended to combat wars as an act of invasion of another's home, crimes such as murder and theft are the goals of this law. Civil and criminal sanctions are the means of justice, where the former restores and the latter punishes.

As the legal system evolves, it becomes clear that antisocial behavior is subject to punishment for the purpose of suppression, punishment, or as a form of prevention that serves as an example, and not to be repaid for the wrong done, nor with revenge.

Property is born on the platform of economics, not law, but how does the law protect what has been confiscated or simply called "mine"? Property was and is an economic instrument and has become a right, that is, the protection of any property depends on your disposal, your will and with this subjective rights are born.

The contract is the instrument that best explains the birth of law, since it binds wars, being an agreement of will between the parties, but nothing prevents this agreement from being broken, it is enough that there is no correspondence of will in the economic institution to break the contract.

The evolution of society requires more laws to harmonize social relations between individuals. These new laws are born with the complexity of society, throughout history we have had the Laws of the XII Tables and the Babylonian Code of King Hammurabi with the aim of ordering actions in society, with such quality and were considered quite advanced in the historical context.

The laws should be known by everyone, unlike what we see as the privilege of a few. Complexity, technical terms and lack of information are the pillars of the platform of shame in the legal system. The transformation should be aimed at simplicity for everyone.