What came first, the law or the crime?
2007-11-13 12:28:26 · 5 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
I think the crime. Why make a law for something that hasn't happened yet?
2007-11-13 12:32:36 · answer #1 · answered by Winterskye 4 · 1⤊ 0⤋
Ahh this is a very complex question that divides all philosophers of law.
The people who believe that the law came first are called Legal Positivists[1]. They believe that rules and laws are made by men. Thus before the rules were made -- they could not be broken as they did not exist. Thus crime most definitely came after the establishment of law.
The people who believe that the crime came first are called Natural law theorists[2] believe that the law is in a way inherent in the world. Thus people by acting badly were already breaking laws, and were criminals even before the society was established and "human laws" created. Thus the crime cam before the law.
This two schools of thought are in obvious conflict -- they were arguing for centuries -- and it is unlikely that this conflict will ever be resolved.
2007-11-13 20:54:49 · answer #2 · answered by hq3 6 · 0⤊ 0⤋
The crime of course and the original one is not a crime since there was no law. Now it is after the law is passed that you can't do that.
2007-11-13 20:43:55 · answer #3 · answered by Irish 7 · 0⤊ 0⤋
The crime is built into us. but then again so is the law. recent study shows even monkeys can recognize unfairness. even back in the caveman days when a majority of people got ticked off by someone doing something they shouldnt be doing they got wacked upside the head....its really us responding to unfairness. we are all inclined to understand universal laws, this is how the human race keeps going.
2007-11-14 21:50:42 · answer #4 · answered by spink_is_not_dead 4 · 0⤊ 0⤋
crimimals inspired new laws.they always seem to be one step ahead of the law.
2007-11-14 16:55:17 · answer #5 · answered by polly-pocket 5 · 0⤊ 0⤋