How did the law originate and develop?

(I) Taboo

There are two main meanings: the first refers to sacred things that are inviolable, and the second refers to unapproachable things that are dangerous and unclean.

(ii) Totem

Totem has the meaning of blood relatives, ancestors, and protective gods. The norms of totem worship are mainly embodied in the taboo rules of behavior, consumption, appellation (language) and marriage of primitive people to the totem. Totem taboo rules have a disciplinary and coordinating role in primitive clan production and life, and once someone violates the clan's totem taboo, he or she may be sentenced to penance, sacrifice or expulsion from the clan.

(C) Revenge

Revenge, is a kind of retaliatory behavior taken by victims or their relatives against those who have violated them. It is a manifestation of man's instinct of self-defense, and therefore initially only a personal act of spontaneous resistance to aggression by man's animal instincts. The history of the evolution of the habit of revenge largely reflects the development of clan habits from low to high, from simple to complex, from irrational to relatively rational. This process has gone through three stages: blood revenge, blood relative revenge, and homomorphic revenge. The evolution of revenge habits reflects the natural choice of primitive mankind to avoid the destructive consequences of blood (or blood relatives) revenge, and is also a sign of mankind's transition from obscurantism and barbarism to semi-enlightenment and semi-civilization.

(4) Witchcraft

Witchcraft is a special ritual activity with a practical purpose in which human beings in primitive societies gained some kind of mysterious power in their interaction with nature and their own kind. Witchcraft is the germ of the emergence and development of the normative form of law.

Second, the causes of the origin of the law

According to the results of archaeological and anthropological research since the nineteenth century and the basic principles of Marxism, leading to the disintegration of the primitive clan system and the emergence of the law are generally three reasons.

Firstly, it was the profound socio-economic changes at the end of primitive society; secondly, the origin of the law also had its profound socio-political roots; and thirdly, the socio-cultural roots. In addition to the economic and political causes mentioned above, the origin of law also depends on the growth of socio-cultural factors.

Third, the general law of the origin of the law

(a) in the adjustment mode, from individual adjustment to general adjustment

(b) in the form of norms, from the primitive custom to the customary law to the codified law

(c) in the relationship with other norms, from the blending of one into the other to the relatively independent

Section II: Types of Legal Development

I. Interpretation of Types of Legal Development

Legal development refers to the evolutionary process of the law from a lower form to a higher form, from a simple form to a complex form after its creation. This evolution of the law is realized through slow and gradual innovation. The evolution includes both the legal system and the spirit and culture of the law.

Two Historical Types of Law

(I) Slavery Law

Slavery law was the earliest form of law to appear in human history, established on the ruins of the clan system with the disintegration of the primitive society and the emergence of private ownership, slavery, class, and state. Most of the peoples of the world have gone through the historical stage of slave societies and the existence of slave laws.

(ii) Feudal Law,

Feudal law is the second type of law that emerged after slavery. It was formed in two ways: first, with the transformation of the mode of production, the original slavery law collapsed, and the feudal law was established; second, due to the rise of the feudal system, under the influence of the advanced peoples or active or passive directly from the customs of the primitive commune to the feudal law.

(C) Capitalist Law

Capitalist law is the third type of law in human history. Capitalism, from its inception to the present day, has gone through roughly two stages of development, namely, the period of liberal capitalism and the period of monopoly capitalism, and therefore capitalist law is accordingly divided into modern capitalist law and modern capitalist law.

(D) Socialist Law

Socialist law has some of these characteristics: 1) the unity of class nature and people's nature; 2) the unity of willfulness and regularity; 3) the unity of rights and obligations; and 4) the unity of conscientious observance and compulsory implementation.

Three, other types of legal development

(a) Main's "identity law-contract law" type of development

(b) Dilkem's "simple repressive law-restorative law". (ii) Dirkham's "simple repressive law-restorative law" type of development

(iii) Max Weber's "irrational law" type of development

(iv) Weber's "irrational law" type of development

(v]. (iii) Max Weber's "irrational law-rational law" type of development

(iv) Unger's "customary law to bureaucratic law to rule of law" type of development