Introduction
The professions of lawyers and judges are among the oldest in human history, directly tied to the universal need for justice and social order. From the moment humans began living in communities, disputes arose, and societies needed neutral authorities to resolve them. Over the centuries, the legal and judicial professions evolved from ancient civilizations, through Greece and Rome, the Islamic world, and into the modern era. This article provides a comprehensive academic overview of the history of law, lawyers, and judges, highlighting their role in safeguarding rights and upholding justice.
Part I: Early Legal Systems in Ancient Civilizations
1. Babylonia and the Code of Hammurabi
- The Code of Hammurabi (1754 BCE) is one of the earliest written legal codes.
- It established rules on punishment, contracts, property, and marriage.
- Judges were appointed by the king to settle disputes.
- While the legal profession as we know it did not yet exist, scribes and specialists acted as early legal advisors.
2. Pharaonic Egypt
- The Pharaoh was the supreme judicial authority.
- Judges, known as “Judges of the God Ma’at,” applied the principles of cosmic order and justice.
- Legal papyri recorded trials and judicial decisions, an early form of legal archiving.
3. Ancient China and India
- In China, written laws were codified under the Zhou Dynasty, influenced by Confucian philosophy.
- In India, the Manusmriti (Laws of Manu) defined early Indian legal traditions, with judgments issued by councils of wise men.
Part II: Ancient Greece
- Courts were composed of ordinary citizens, not professional judges.
- Litigants were required to represent themselves.
- The Logographer, or speechwriter, emerged to prepare arguments, considered the earliest form of a legal consultant.
Part III: Ancient Rome – The Birth of the Legal Profession
- Rome developed the Roman Law, which later became the foundation of civil law systems worldwide.
- Lawyers known as Orators, like Cicero, argued cases using rhetoric and philosophy.
- The judiciary became more structured:
- Separate criminal and civil courts.
- Judges chosen by specific criteria.
- The Napoleonic Code, heavily influenced by Roman Law, later became the basis for civil law in over 70 countries.
Part IV: The Middle Ages
Europe
- Judicial authority was split between the Church and monarchs.
- Universities like Bologna revived the study of Roman Law.
- Legal guilds and training formalized the profession of lawyering.
The Islamic World
- The Qadi (judge) was a critical position, appointed by the Caliph or ruler.
- Courts relied on the Quran, Sunnah, and Islamic jurisprudence (Fiqh).
- The role of the Wakil bil Khusumah (litigant’s representative) resembled that of a lawyer.
- The Chief Judge (Qadi al-Qudat), established during the Abbasid era, was the first form of centralized judicial authority.
Part V: The Renaissance and the Early Modern Era
- With the Renaissance, courts became independent from the Church.
- Law evolved into a prestigious academic profession.
- France developed the Civil Law system.
- England created the Common Law system, dividing lawyers into Barristers and Solicitors.
Part VI: The Modern Era
- In the 18th and 19th centuries, revolutions such as the French Revolution established the principle of separation of powers.
- Lawyers emerged as defenders of civil and political rights.
- In the 20th century, the legal profession became internationalized with courts such as:
- The International Court of Justice (ICJ).
- The International Criminal Court (ICC).
- Regional Human Rights Courts.
- Lawyers also played key roles in liberation movements—for example, Nelson Mandela began as a lawyer before becoming a global symbol of justice.
Timeline: The Evolution of Lawyers and Judges
- 1754 BCE – Code of Hammurabi: the first comprehensive legal code.
- 2500–500 BCE – Judges of Ma’at in Egypt applying cosmic justice.
- 500 BCE – Ancient Greece: citizen courts and Logographers.
- 100 BCE – Ancient Rome: Cicero and Roman Law.
- 8th Century CE – Islamic World: Chief Judge (Qadi al-Qudat) and litigant representatives.
- 12th Century CE – Europe: Universities revive Roman Law.
- 18th–19th Centuries – French Revolution and separation of powers.
- 20th Century – International courts and human rights law.
Conclusion
Throughout history, lawyers and judges have been pillars of society. The role of the judge evolved from a ruler’s delegate to an independent arbiter of law, while the lawyer developed from an informal advisor to a professional defender of rights and freedoms. Today, their work extends beyond national borders, shaping international justice and human rights law.
lawyers, judges, legal history, Hammurabi Code, Roman Law, Chief Judge, Civil Law, Common Law, international justice, human rights, Nelson Mandela, Islamic jurisprudence
#Law #Justice #History #Lawyers #Judges #LegalHistory #HumanRights #RuleOfLaw
0 Comments