HOW OLD IS THE IDEA OF LAW?
Very old!
According to Shirley Robin Letwin (On the History of the Idea of Law; Cambridge University Press 2005; edited by Noel B. Reynolds), the idea of law has been at the heart of Western civilization since its beginnings in ancient Greece.
However, the concept and nature of ‘law’ are still obscure, not only for laymen, but especially for the legally trained mind. Why should one obey the law? Why may certain institutions enforce the law? Is it all about ‘naked’ power or is there a moral aspect involved as well?
In ancient Greece (5th century B.C.), the concept of ‘law’ (nomos) referred to the rules collected by a group of anagrapheis or ‘inscribers’, who had been empowered to engrave them on stone. The rule of law became the mark of a high civilization.
Although based on various customs, the law as it was written, was also opposed to custom, because it was held that the rules of law had to be recorded. Being written, the law gave the kind of security for which it is valued. One should read about ancient history to better understand the nature of law. Letwin’s book itself is well-written and interesting to read.
Karel Frielink
Curacao-based Attorney (lawyer) / Partner
