Origins of law and justice

Justice and law are intimately linked. Jus, in Latin, means law. Law and legal institutions have the same origin. Human justice is understood in the sense of institutions, characters and rules established by humans to render justice.

→ Definitions of Justice

I. How justice became an institution

A. Settlement makes law necessary

1. When men were nomads, conflict resolution was not a problem: troublemakers were excluded
2. Sedentarization forces men to create rules, to avoid conflicts and to control them

B. Law makes human justice necessary

1. In the early days, judges were chosen to apply the law and render justice, among those considered wiser, especially because of their experience: the elderly, chiefs, well-known personalities
2. Also in the early days, the Judges, because of their wisdom and importance, became political leaders, especially in Israel.

II. The origins of law according to modern thinkers

A. Nicolas Machiavelli

1. The origin of law comes from the balance of power between the actors of politics. The tyrant, in order to be respected, must make his exam questions obey him. To this end, he imposes his law and gives duties to his subjects.

2. Law is thus born out of constraint and submission.

B. Jean-Jacques Rousseau

1. Law was created to remedy conflicts, especially those caused by property rights.

2. “The first person who, having enclosed a piece of land, said: this is mine, and found people simple enough to believe it, was the true founder of society.” in 1755