In general, the prerequisites for the emergence of law are similar to the reasons that gave rise to the state.
Law arises together with the state, is inextricably linked with it.
Law is the result of his activities under the prevailing economic, class conditions.
The emergence of law is a natural consequence of the complication of social relationships, deepening and exacerbation of social contradictions and conflicts.
Why do we need a court? - In order to achieve justice in relation to yourself, your family and friends, business. When someone has violated your rights or interests, you can always defend them in court.
The law, performing general social functions, played the role of a normative-class regulator (regulated in the interests of the economically ruling class), for example, the talion principle. Specialized bodies appear.
The emergence of law was caused by the need for social regulation of relations between members of society.
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There are different points of view regarding the time and order of origin of law:
1. The emergence of law occurred for any of the same reasons and simultaneously with the emergence of the state;
2. Law and the state are different phenomena of social life, therefore, the reasons for their occurrence cannot be the same, and law in the form of norms of behavior arises earlier than the state;
The emergence of law, like the emergence of the state, took place in the process of long-term development of society.
The main norm of behavior during the period of the primitive communal system is a custom that reinforced the options of behavior passed from generation to generation in certain situations and reflected the interests of all members of society equally.
Customs regulated all spheres of activity in primitive society, but over time, norms of public morality, religious dogmas, which were closely related to customs and reflected ideas of justice, good and evil, honest and dishonest, began to act together with them. In the process of application of customs by the community and tribal courts in practice, a precedent and a legal contract emerged.
In the context of the stratification of society and the emergence of private property, society faced the question of the need for a new social regulator of social relations, which could ensure order in society.
To resolve this issue, legal customs (law) were created, which were provided by the state.
Signs of law:
1. Creation and provision of the state, which expressed the will of both society and the individual;
2. Expression in special text, written forms that are created and implemented in the course of the implementation of special procedures;
3. Granting rights and assigning responsibilities, which regulates relations between members of society;
4. Protection and maintenance by means of state influence