Changes in Law and Policy over Time: Through the Ages Project Part 2 of 10

By Jacob Lindbert

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Introduction

Throughout history, laws and policies have evolved to reflect the values of society and address needs that are prevalent within that society. Legal frameworks have shifted from rigid systems based on hierarchy to dynamic, changing models that reflect an ever-changing world. This paper will walk through some of the key historical periods, analyzing the major laws of the time and their societal impacts.

Early Legal Systems and Codified Laws (3000 BCE – 500 CE)

One of the earliest known legal systems was the Code of Ur-Nammu, written circa 2100 BCE – 2050 BCE by the Sumerian king Ur-Nammu. Calling himself the father of his people, Ur-Nammu encouraged his people to think of themselves as one family and of his laws as the rules of a home (Mark, 2021). Punishments, excluding capital offenses, took the form of fines (Mark, 2021). As a whole, the Code of Ur-Nammu consisted of 57 laws mostly centered on property rights and personal safety. This included guidelines and punishments for murder, robbery, destruction of land and other property, and more.

The next significant legal system is the Code of Hammurabi, written in 1754 BCE in Mesopotamia. This introduced the principle of ‘lex talionis,’ or ‘an eye for an eye.’ Unlike the Code of Ur-Nammu, the Code of Hammurabi was much more severe. Some of the key laws included: 1) If a man put out the eye of another man, his eye shall be put out, 2) If he breaks another man's bone, his bone shall be broken, and 3) If a man knock out the teeth of his equal, his teeth shall be knocked out (J. J. Mark, 2021). Much of this drastic shift in the framework of laws is represented by the change in the social environment. In earlier Sumerian-Akkadian times, all communities felt themselves to be members of the same family, all equal servants under the eyes of the gods (J. J. Mark, 2021). In such circumstances, disputes could be settled under a collectively accepted value system, where fair payments were more desirable than revenge (J. J. Mark, 2021).  However, when urban citizens rub shoulders with nomads following a different way of life, confrontation must be more tightly regulated, promoting personal safety and property protection for all.

In 451-450 BCE in Rome, the Law of the Twelve Tables was inscribed on 12 bronze tablets. These laws represented the beginning of a new approach to law, writing them down and passing them on to future generations. An image of the recreation of the laws of the twelve tables can be seen below:

The list of laws under the Twelve Tables mostly covered private law and focused strongly on the relationships between individuals as opposed to individuals versus the government. It focused heavily on agriculture and protecting individual property rights and safety. It also set clear punishments for crimes, as shown by receiving death by burning for those who committed arson. Lesser penalties for property damage were banishment from Rome, loss of citizenship, and confiscation of property (Cartwright, 2016). During this time, laws were modified and replaced as some laws became irrelevant and the need for new laws emerged.

The Justinian Code was compiled under Emperor Justinian I in the 6th century CE. This code systematized Roman law and worked to align all decrees, laws, and policies, which had previously been inconsistently regulated. Law variations by region and inconsistent interpretations complicated the legal system, creating confusion during legal proceedings (LegalClarity Team, 2025). Emperor Justinian’s goal was to reform the legal system, restoring the Empire’s glory. His work resulted in the Corpus Juris Civilis, which included the Codex Justinianus, the Digesta or Pandectae, the Institutiones, and the Novellae Constitutiones. Together, these components formed a comprehensive legal framework. The Corpus Juris Civilis addressed the needs of the Roman legal system, the Codex Justinianus compiled imperial constitutions, the Digesta or Pandectae collected legal opinions and interpretations, and the Instititiones served as an educational guide (LegalClarity Team, 2025). This system of laws has provided a long-lasting foundation for the legal system, placing an emphasis on knowledge and education for all involved in the legal process.

Medieval Period

One of the most well-known societal systems during this time was feudalism. This was a 10th-13th century European system where hierarchy was established and based on a tiered system with kings at the top, followed by other nobles and wealthy landowners, and finally at the bottom, the serfs. Here is an image of a feudal pyramid:

This system perpetuated the status quo, where serfs would work lands owned by others for basic conditions like housing and food. They worked, without pay, on the land owned or rented by others to produce food for themselves as well as food and profit for their masters (Cartwright, 2018). This led to the development of feudal contracts and laws generated to protect the serf-lord relationship, ensuring the relationship benefited the lords and prevented the serfs from rising against them.

Another important legal framework generated during this time was Canon Law. Canon Law was the body of laws that governed the Christian Church and all of its members. When thinking about Canon Law in modern society, it is difficult to appropriately highlight the emphasis of this framework at the time. During this period, church and state were deeply intertwined with one another. It touched almost every aspect of medieval society, dealing with both religious matters and issues of a purely secular nature (Wei & Winroth, 2022). It involved the regulation of marriages, sorcery, penance, court procedure, Christian relations, and more (Peters & Eichbauer, 2012).

A third major development was the Magna Carta, created in 1215 CE, signed by King John of England.  It aimed to limit the king's power, protect individual rights, and establish foundational principles of governance, and is considered the foundation for the first constitutional government in England (Satheesh, 2023). It limited the power of the king and monarchy, establishing key legal principles such as due process and the right to a fair trial. It introduced provisions protecting individuals from arbitrary arrest, imprisonment, and punishment (Satheesh, 2023). As a whole, the Magna Carta introduced ideas that a ruler’s power should fall within legal and constitutional norms, laying the foundation for future government systems.

The Enlightenment Period and the American Revolutionary War

During the course of the Enlightenment period, politics, science, and more were radically changed. Enlightenment thinkers in Europe produced numerous books, inventions, laws, scientific discoveries, and more. The Early Enlightenment included key members such as Thomas Hobbes, René Descartes, Galileo Galilei, Isaac Newton, and John Locke. Isaac Newton is most known for his work on gravity and other mathematical topics, while John Locke argued that human nature can change and knowledge can be gained through experience (Onion et al., 2009). Later periods of the Enlightenment were characterized by revolutions, i.e., the French and American revolutions. As a whole, the philosophers and deep thinkers of the time generated many ideas, leading to new government systems and the passing of new laws. The emphasis on liberty, equality, and justice set the stage for future civilization to build upon.

The American Revolution was a time of drastic change, leading to the creation of the United States. This was a war between England and those living in the 13 colonies, rooted in liberty and the desire to self-rule. Liberty was a central theme as the revolutionaries sought to protect individual rights and freedoms from oppressive British rule. This was highlighted with the publishing of the Declaration of Independence, asserting that all individuals are entitled to ‘life, liberty, and the pursuit of happiness.’ The colonists viewed British taxation and policies as acts of tyranny, leading to the popular slogan "No taxation without representation," reflecting their demand for a voice in government decisions (history-education.org, 2024). As a result of this, equality and self-governance were key goals of the revolution. The concept of popular sovereignty, the idea that government authority comes from the people, was strengthened with the publication of the Declaration of Independence. With the conclusion of the revolution, checks and balances were developed, preventing any one branch or group of people within government from becoming too powerful. Lastly, the publishing of the U.S. Constitution established the basis for rights and protections offered to U.S. citizens. These legal and political innovations, born out of the revolutionary struggle, continue to shape the foundation of the United States today.

 

Industrial Revolution and Civil Rights Movement

The Industrial Revolution was a time of great importance, marking the end of rural society and the shift to a more urban-based environment. With these changes, there were many labor and housing problems that arose. Before the industrial revolution, families typically worked side-by-side on farms or in family shops. This turn to urban living led to the rise of factory work, yielding the end of family working and the rise of separating home from work. All members of the family might now work in different areas, men and sons in factories, with women and daughters in other service roles. Despite their importance to the industry’s output, women and children were paid very little and were regularly expected to work 16-hour days (Wilkinson, 2024). Their jobs were perceived as less skilled, although the working conditions were sometimes equally dangerous (Wilkinson, 2024). As time went on, many went on strike and spoke out about the harsh working and living conditions that were experienced. This led to labor laws being passed, limiting child labor, the hours one could work a day, wages, and many other aspects of working. Many of these laws have laid the infrastructure for labor laws today.

Another prominent movement during this time was the civil rights movement. The Civil Rights Act, passed in 1964, was a comprehensive piece of U.S. legislation that aimed to end discrimination based on race, color, religion, or national origin. There are many sections to it, with some of the most important being titles I, IV, and VII. Title I guaranteed equal voting rights for all, removing biased procedures that disproportionately impacted minorities. Title IV called for the desegregation of schools, which was a popular topic during the time. Title VII banned discrimination by trade unions, schools, or employers involved in business with the federal government, pairing with the Equal Employment Opportunity Commission to enforce this (Encyclopedia Britannica, 2019). In all, much of the legislation and marches during this time led to the passing of legislation, although many facets of these laws are still being worked on today.

Many other movements took place during this time. This includes the women’s suffrage (right to vote) movement, leading to the passing of the 19th Amendment, which granted women the right to vote. The Americans with Disabilities Act was also passed, protecting the rights of individuals with disabilities and ensuring they have the right to employment. A third major movement was the passing of the Universal Declaration of Human Rights passed by the United Nations, establishing global human rights standards. These are not all of the movements that took place, as this was a time of significant social justice reform and yielded lasting change for decades/centuries to follow.

Modern Developments (21st Century) 

With legal systems continuing to evolve, much of the modern emphasis is on environmental and social justice law. As the global world and community have changed through time, so too has the need for new types of legislation. With the rise of artificial tools, the need for individual security and privacy has risen, leading to the passing of many laws, including the General Data Protection Regulation passed by the European Union in 2018. Another rising concern is centered around the climate and regulating the amount of greenhouse gas emissions every year. Climate legislation, such as the Clean Air Act and Paris Agreement, have established both country-based and international commitments to reduce carbon emissions. In the United States, the Affordable Care Act (2010) expanded healthcare access and consumer protections. Legal recognition of LGBTQ+ rights culminated in the landmark Obergefell v. Hodges (2015) ruling, which legalized same-sex marriage nationwide. Many other laws and policies have been passed during the 21st century, with many more inevitably being passed in the future, highlighting the adaptability of the legal system as it evolves with society.

Conclusion

The evolution of laws and policies throughout the course of time reflects the concurrent change in society and its beliefs. From the earliest known laws and legal codes to modern legislative policies, legal frameworks have evolved. Key milestones, including the Code of Hammurabi, the Twelve Tables, the Magna Carta, the Enlightenment period, labor laws, and more, have shaped society as we know it today and continue to influence the development of law. The adaptability of the legal system is crucial for maintaining a fair and just society, and as new challenges emerge, the history of past actions will continue to serve as a foundation to build upon.

Sources

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Encyclopedia Britannica. (2019). Civil Rights Act | Summary, Facts, & History. In Encyclopædia Britannica. https://www.britannica.com/event/Civil-Rights-Act-United-States-1964

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