Post by Elliot Kane on Dec 31, 2009 10:53:54 GMT
Social Evolution: Law
It is often forgotten that there are four basic types of law, all of which will be addressed here. So we'll begin with naming and defining them:
Criminal Law is the most commonly acknowledged type and the one most often refered to when someone speaks of 'the law'. Criminal Law is simply the body of law laid down by the state to govern the behaviour of its citizens.
Civil Law is basically the aribtration of disputes between citizens where no Criminal Law has been broken. It most often covers matters like debts owed between citizens, libel and slander and other matters that could cause serious trouble if not dealt with but which fall outside the province of Criminal Law.
Religious Law most usually covers blasphemy against the state religion, but can also include anything deemed to fall within the prerogatives of the state religion, such as divorce, treatment of priests, heresy and apostacy.
Martial Law is the specific set of laws that govern the military, though they have often been applied during times of civil unrest to the civilian population, too. As a general rule, both the laws and the penalties are much harsher than under Civil Law.
Note that the actual boundaries vary somewhat from nation to nation as the demarcation is rarely all that exact.
Now we drop back into pre-history, where the first humans are starting to move beyond the basic family unit and gather in tribes. It quickly becomes obvious that rules are going to be needed to stop infighting, deal with disputes and protect property (such as food and tools) from theft or abuse. So the first primitive laws are born. They are certainly not all that sophisticated, nor would they need to be. The chief would likely arbitrate disputes and hand down punishment onto troublemakers. Common crimes would likely include stealing food or killing other tribe members without good cause. Justice would certainly have been very rough and ready and probably quite arbitrary, too, as humanity is not exactly at a high level of sophistication at this point.
But humanity advances and society grows more complex. Diversification of employment appears, and with it the ideas of currency, trade, forgery and besmirching the good name of your rivals. Disputes start to arise over debt and the range of dastardly deeds it is possible to do to one's neighbour increases. At is at this point that the law also diversifies, splitting into Criminal and Civil Law. Serious crimes are deemed to be crimes against the state rather than crimes against the individual, so that the slow process of coaxing the citizens into allowing the state to act on their behalf instead of seeking revenge for themselves is begun. Civil Law usually governs behaviour it is impossible or impolitic to forbid outright, such as debt and divorce.
In the meantime, religion is becoming a very strong force, binding the hearts and minds of the people as it does. The power of the clergy grows until they demand the right to establish religious courts from the ruler. This is quite useful for the ruler, as it hands over the problematic types who are disruptive without actually acting illegally to the hands of the clergy, without dirtying the ruler's hands. It means a lessening of his own power, yes, but it also keeps the clergy happy - and hopefully too busy to try to put someone they like better onto the throne. Church and state tend to work together more times than not, historically speaking, but that is not to say their relationship is entirely harmonious.
The last type of Law to occur is most likely Martial Law. Once Criminal Law starts softening a bit, it quickly becomes realised that the armed forces need a far stronger sense of discipline than the civilians, so a special set of laws are drafted that will apply to the military only, and the armed forces are given the right to try their own malefactors in Courts Martial. This also allows proper trial of military personnel by those who (should!) understand the unique pressures that being in the military entail, so that judgement may be rendered with regard to both justice and the unique requirements of the armed forces.
Thus the four types of court are established. Society advances and becomes more complex and the state does one of two things: it becomes more secular over time, or it becomes more religious over time. In a secular state, the old religious courts lose their power and Religious Law mostly falls into abeyance. In a religious state, the state either retains the religious courts or takes their duties unto itself and Religious Law remains strong. The other three types of Law remain strong regardless, because they are all vital to good governance.
Over time, many old laws become obsolete and precedents pile up endlessly. Society becomes ever more complex and every government, keen to make their mark, adds whole new layers of legality to the mess. Only rarely are they sensible enough to actually repeal a ton of useless legislation - or indeed any at all. Which is how the Law comes to be the complex thing that it is!
It is often forgotten that there are four basic types of law, all of which will be addressed here. So we'll begin with naming and defining them:
Criminal Law is the most commonly acknowledged type and the one most often refered to when someone speaks of 'the law'. Criminal Law is simply the body of law laid down by the state to govern the behaviour of its citizens.
Civil Law is basically the aribtration of disputes between citizens where no Criminal Law has been broken. It most often covers matters like debts owed between citizens, libel and slander and other matters that could cause serious trouble if not dealt with but which fall outside the province of Criminal Law.
Religious Law most usually covers blasphemy against the state religion, but can also include anything deemed to fall within the prerogatives of the state religion, such as divorce, treatment of priests, heresy and apostacy.
Martial Law is the specific set of laws that govern the military, though they have often been applied during times of civil unrest to the civilian population, too. As a general rule, both the laws and the penalties are much harsher than under Civil Law.
Note that the actual boundaries vary somewhat from nation to nation as the demarcation is rarely all that exact.
Now we drop back into pre-history, where the first humans are starting to move beyond the basic family unit and gather in tribes. It quickly becomes obvious that rules are going to be needed to stop infighting, deal with disputes and protect property (such as food and tools) from theft or abuse. So the first primitive laws are born. They are certainly not all that sophisticated, nor would they need to be. The chief would likely arbitrate disputes and hand down punishment onto troublemakers. Common crimes would likely include stealing food or killing other tribe members without good cause. Justice would certainly have been very rough and ready and probably quite arbitrary, too, as humanity is not exactly at a high level of sophistication at this point.
But humanity advances and society grows more complex. Diversification of employment appears, and with it the ideas of currency, trade, forgery and besmirching the good name of your rivals. Disputes start to arise over debt and the range of dastardly deeds it is possible to do to one's neighbour increases. At is at this point that the law also diversifies, splitting into Criminal and Civil Law. Serious crimes are deemed to be crimes against the state rather than crimes against the individual, so that the slow process of coaxing the citizens into allowing the state to act on their behalf instead of seeking revenge for themselves is begun. Civil Law usually governs behaviour it is impossible or impolitic to forbid outright, such as debt and divorce.
In the meantime, religion is becoming a very strong force, binding the hearts and minds of the people as it does. The power of the clergy grows until they demand the right to establish religious courts from the ruler. This is quite useful for the ruler, as it hands over the problematic types who are disruptive without actually acting illegally to the hands of the clergy, without dirtying the ruler's hands. It means a lessening of his own power, yes, but it also keeps the clergy happy - and hopefully too busy to try to put someone they like better onto the throne. Church and state tend to work together more times than not, historically speaking, but that is not to say their relationship is entirely harmonious.
The last type of Law to occur is most likely Martial Law. Once Criminal Law starts softening a bit, it quickly becomes realised that the armed forces need a far stronger sense of discipline than the civilians, so a special set of laws are drafted that will apply to the military only, and the armed forces are given the right to try their own malefactors in Courts Martial. This also allows proper trial of military personnel by those who (should!) understand the unique pressures that being in the military entail, so that judgement may be rendered with regard to both justice and the unique requirements of the armed forces.
Thus the four types of court are established. Society advances and becomes more complex and the state does one of two things: it becomes more secular over time, or it becomes more religious over time. In a secular state, the old religious courts lose their power and Religious Law mostly falls into abeyance. In a religious state, the state either retains the religious courts or takes their duties unto itself and Religious Law remains strong. The other three types of Law remain strong regardless, because they are all vital to good governance.
Over time, many old laws become obsolete and precedents pile up endlessly. Society becomes ever more complex and every government, keen to make their mark, adds whole new layers of legality to the mess. Only rarely are they sensible enough to actually repeal a ton of useless legislation - or indeed any at all. Which is how the Law comes to be the complex thing that it is!
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