Right, like the state, is the result of a natural historical development of society, as a result of the processes taking place in the social organism. In this case, there are different versions of the theoretical origin of law. One of them is described in great detail the theory of Marxism.
The approximate scheme is as follows: public division of labor and the growth of the productive forces - the surplus product - private property - antagonistic classes - the state and the law as an instrument of class domination. Thus, in this model to the fore the political causes of the law.
Modern authors in explaining the genesis of the law use the concept of the Neolithic revolution (from the word "Neolithic" - New Stone Age), which occurs in about VIII-III centuries. BC. e. to the transition from appropriating economy to a producing. There is a need to regulate the production, distribution and exchange of goods, coordinating the interests of different social classes, class contradictions, ie, to determine the total order consistent with the needs of the productive economy.
Formation of the law is manifested:
a) in the entry of customs, the formation of customary law;
b) bringing the texts practices to the public;
c) the appearance of special bodies (government) responsible for the availability of fair general rule, their formalization in clear and accessible forms, ensuring their implementation.
In authorizing the creation of customs and precedents important role played by the judicial activities of the priests, appointed by the supreme rulers and their servants.
Thus, there is a brand new regulatory system (right), which is distinguished by the content of the rules, ways of influencing people's behavior, forms of expression, mechanisms.
There are three main phases in the development of law.
The first - a phase nucleation is primarily to those societies where there is a formation of producing forms of economy.
The second phase marks the formation of the design of the regulatory system into a system of rules (norms). This phase is linked with such societies, where there is a complete victory for the various forms of producing economy.
And finally, the third phase is associated with a written codification of the law in a number of