On the Origin of Law

Laws (all laws in general, including laws of the universe) emerge from the interactions of the elements of the system. With humans, it is interactions within a social system that first give rise to custom-laws, which then develop into government-laws. Government laws are written down codes that have developed in the society at large. Nobody is actually inventing new laws ex nihilo, but rather observe laws emerging, then give then a name. I think if we truly understand the origins of laws, we will be able to more fully understand their role (and what their role should be) in our lives. Should every custom-law be turned into a government-law? Which custom-laws should be? Which should not? Are there some laws that are created in order to create new custom-laws? Are bottom-up laws better (or always, or necessarily better, if they are better) than top-down laws? (My own opinion: they are. Why? Because of the nature of complex systems. Though this does not mean that we don’t need the occasional top-down corrective of bad bottom-up custom-laws.)

What does it mean for the understanding of law and justice if we take a complex systems approach to understanding the origins and consequences of law?

One thought on “On the Origin of Law

  1. I believe everyone is born with the basic tenets of the law. When we judge one another we exhibit an inert sense of right and wrong. Everyone knows that stealing is wrong. Everyone knows that advancing on one’s spouse is wrong. Everyone knows that lying is wrong. God put these basic laws in our hearts.

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