1. Introduction

The relevance of studying the fundamental theoretical concepts of the emergence of law is conditioned by their key role in shaping the understanding of the essence, functions, and legitimacy of legal systems. In the modern world, characterised by complex social, economic, and political transformations, an in-depth understanding of the theoretical foundations of law is necessary to address the arising legal challenges and ensure sustainable development of society. According to B. Bix^[1], an understanding of distinct theoretical approaches is critical for analysing and evaluating legal phenomena, as each theory offers a different lens for considering the nature of law and its place in society. The problem of the present study lies in the diversity and often contradictory nature of existing theoretical concepts, each of which offers its individual explanation of the causes and mechanisms of law. Despite the considerable amount of research available in this area, the issue of primary sources and determinants of law genesis continues to be the subject of active scientific debate. For example, discussions between supporters of natural law and legal positivism have been ongoing for centuries and are relevant to the present day. Modern research often focuses on certain aspects of this issue or on the analysis of concrete theoretical schools, which necessitates a comprehensive study that would cover the principal theoretical approaches and identify their strengths and weaknesses, as well as consider them in the context of modern scientific achievements. Further improving the understanding of each of these concepts is crucial. The theory of natural law, for instance, not only postulates the existence of objective moral principles but also offers diverse approaches to their definition and application in the legal sphere. Legal positivism, on the other hand, focuses on the formal criteria for the validity of law, but also includes discussions on the role of morality in law, particularly in its interpretation. The historical school of law emphasises the uniqueness of the legal development of each nation, linking law to its cultural and historical characteristics. Finally, the sociological school of law emphasises the practical impact of law on society and its ability to meet social needs, which makes it particularly relevant for the analysis of modern legal systems.

The state of development of the topic demonstrates the long history of scientific interest in the origin of law. For example, the theory of natural law, from ancient philosophers such as Plato and Aristotle to contemporary representatives such as Murphy, views law as derived from objective moral principles that exist independently of human will. S. Coyle^[2] analysed the various interpretations of natural law and its influence on political and legal thought. The theory of positive law, represented by John Austin and Hans Kelsen, and in the modern interpretation by Herbert Hart, whose ideas were explored in depth by K.E. Himma^[3], emphasised the artificial, volitional nature of law as a set of rules established by the state. K.E. Himma examined various aspects of the positivist doctrine, including its methodology and criticism. The historical school of law, whose founder is considered Savigny, whose contribution was analysed by D.J. Ibbetson^[4], emphasised the organic development of law from the popular spirit and customs. D.J. Ibbetson emphasised the significance of historical context for understanding modern law. The sociological school of law, starting with the works of Nathan Roscoe Pound and others, studied law in its social context, considering it as an instrument of social control and satisfaction of social needs, which was discussed in detail in a collective monograph edited by R. Banakar^[5]. The empirical element is also a valuable aspect of understanding the origin of law. Modern research is increasingly turning to empirical methods to investigate the social, cultural, and psychological factors influencing the development and evolution of legal norms. For instance, neuroscience researchers, such as M.S. Gazzaniga^[6], explored the biological and cognitive basis of decision-making and rule compliance, which is critical for understanding the antecedents of legal behaviour. Anthropological studies, such as R.S. Her^[7], explored the evolution of moral norms and their relationship to the emergence of social rules that may eventually transform into legal rules. Sociological research, such as that edited by M. Deflem^[8], analysed the social mechanisms by which society establishes and maintains the rule of law. These empirical approaches complement theoretical concepts, providing a more profound and more comprehensive understanding of the phenomenon of law.

Despite the in-depth analysis of each of the theoretical schools and the growing interest in empirical research on law in the academic literature, there is a gap in a comprehensive study that would combine theoretical and empirical approaches to analyse the fundamental concepts of the emergence of law. The question of how empirical data from distinct fields of science are consistent with the key provisions of diverse theoretical schools, as well as how the integration of theoretical and empirical knowledge can contribute to a more comprehensive understanding of the genesis of law and its modern manifestations, continues to be understudied.

The purpose of the present study was to examine the fundamental theoretical concepts of the origin of law based on modern empirical data. To fulfil this purpose, the following objectives were identified. To determine the principal provisions and conduct a comparative analysis of the fundamental theoretical concepts of the origin of law (natural law theory, positive law theory, historical school of law, and sociological school of law), identifying their current relevance, synergies, and contradictions. To investigate the evolution of key legal concepts (justice, rights, property, contract, punishment) in different historical periods and compare the development of individual legal institutions in distinct legal families, using theoretical and empirical data.

2. Materials and methods

This study employed an analytical approach to comprehensively examine the fundamental theoretical concepts of the emergence of law and their evolution in the historical context. The study was based on the analysis of the works of the classics of legal thought, as well as modern scientific publications, including monographs, articles in scientific journals and collections. The principal material of the study was the scientific literature in the field of philosophy of law, history of legal thought, sociology of law, and comparative jurisprudence, which included: The Republic (Plato, 375 BC)^[9], Nicomachean Ethics (Aristotle, 350 BC)^[10], De re publica, De legibus (Cicero, 51 BC)^[11], The City of God (Saint Augustine, 426)^[12], Summa Theologica (Thomas Aquinas, 1274)^[13], On the Law of War and Peace (Grotius, 1625)^[14], Two Treatises of Government (Locke, 1689)^[15], The Social Contract (Rousseau, 1762)^[16], The Province of Jurisprudence Determined^[17], Corpus iuris civilis (Justinian I, 234)^[18] as well as works of Y.S. Kononenko and S.V. Dzholos^[19], F. Pérez Godoy et al.^[20], H. Kelsen^[21], M.S. Thompson and J.S. Silbey^[22], H.L.A. Hart^[23], J. Raz^[24], F.K. von Savigny^[25], M. Bucholc^[26], J.D. Prince^[27], O.O. Kolevatov and T.S. Shelest^[28], I. Boyko^[29], Y.W.B.L. Meo^[30] on related topics. The criteria for selecting the literature included scientific value, source credibility, relevance to the subject under study, and topicality. The second stage involved a critical analysis of the selected literature to identify the key points, arguments, strengths, and weaknesses of each theoretical concept. The analysis included a comparison of diverse approaches to understanding the emergence of law, as well as an investigation of their effects on the development of legal systems in different historical periods. Historical legal acts were analysed to illustrate the evolution of key legal concepts (Constitution of the United States^[31]; 2.4 Info Brief…^[32]; French Civil Code^[33]; German Civil Code^[34]; Swiss Civil Code^[35]; Penal Code of the German Empire^[36]; Law of the…^[37]; Sale of Goods…^[38]; European Convention on Human Rights^[39]; Protocol No. 6…^[40]; Constitutional Amendments…^[41]; Charter of Fundamental…^[42]; Maternity Protection Convention…^[43]; Employment Promotion and…^[44]; Medical Care and…^[45]; Invalidity, Old-Age and…^[46]; Employment Injury Benefits…^[47]; Social Security (Minimum…)^[48], reflecting their development. The third stage involved a comparative legal analysis of the development of individual legal institutions in distinct legal families based on statistical data (Pew Research Center^[49]; Housing in Europe…^[50]; Profile of Households…^[51]; Death Penalty in…^[52]; Clearance Figure^[53]). Statistical data and information references were used to confirm certain trends and facts in the development of law. The methodological framework of the present study was formed by a comprehensive approach that combined the historical method and comparative legal research. The historical method was employed to trace the evolution of these concepts and key legal institutions over time. Comparative legal research was applied to identify commonalities and differences in the development of law, covering such legal systems as Roman, Babylonian, Old Russian, customary and canon law, as well as the law of the Romano-Germanic legal family. Thus, the study was based on a thorough analysis of a wide range of scientific sources, which helped to achieve a comprehensive understanding of the fundamental empirical and theoretical concepts of the origin of law and their evolution.

3. Results

A detailed analysis of the fundamental theoretical concepts of the origin of law, supported by thorough research in the field of philosophy of law, history of legal thought, and sociology of law offered a comprehensive understanding of various approaches to this complex issue. The theory of natural law, which has its origins in ancient philosophy, particularly in the works of Plato, who in his dialogues, such as The Republic, discussed the idea of ideal law as a reflection of eternal truths. And Aristotle, who in his Nicomachean Ethics distinguished between natural justice, which is universal, and legal justice, established by people, continued its evolution over the centuries. According to the study of Roman jurisprudence, specifically Cicero’s De republica, De legibus, the concept of natural law was further developed, being considered as the highest law, which is the reason corresponding to nature. During the Middle Ages, as a detailed analysis of the works of Augustine of Hippo in the 5th century and Thomas Aquinas in the 13th century revealed, natural law was integrated into theological doctrine, being considered as a reflection of the divine order, accessible to the human mind through its capacity for rational thought. Thomas Aquinas, specifically, distinguished between eternal law (lex aeterna), divine law (lex divina), natural law (lex naturalis), and human law (lex humana), emphasising that the latter should be in line with natural law. Studies of the history of political and legal thought suggest that during the Enlightenment, the theory of natural law played a key role in shaping the ideology of human rights and constitutionalism. For instance, the works of Hugo Grotius (1625)^[54], who laid the foundations of international law on the principles of natural law, John Locke (1689)^[55], who substantiated the inalienable natural rights to life, liberty, and property, and Jean-Jacques Rousseau (1762)^[56], who developed the idea of natural rights in the context of a social contract, directly influenced the content of the first constitutional acts, such as the Bill of Rights in 1791 and the Constitution of the United States in 1787, which enshrined the fundamental rights and freedoms of citizens. According to historical data, references to natural rights were also made in the preamble to the US Declaration of Independence^[57], which proclaimed the inalienable rights to life, liberty, and the pursuit of happiness. However, critics have pointed to the lack of a universal and objective criterion for determining the concrete content of natural rights, which leads to varying interpretations in different historical periods and cultural contexts. According to comparative studies in ethics and law, the list and hierarchy of values considered natural may differ substantially depending on philosophical, religious, and cultural traditions. For example, in the works of representatives of the natural law school of the 17th and 18th centuries, the emphasis was often on individual rights, while earlier concepts focused on duties and the greater good. Discussions within natural law theory often focus on the relationship between natural law and positive law, as well as the role of natural law in the protection of human rights at the international level^[58].

The theory of positive law, which originated as a response to the uncertainty and subjectivity of natural law concepts, focuses on empirically observable law as a set of rules established and sanctioned by state authority^[59]. According to analytical jurisprudence, specifically the works of John Austin^[60], law is defined as a command from the sovereign, backed by the threat of sanctions in case of non-compliance. J. Austin made a clear distinction between law «as it is» (positive law) and law «as it ought to be» (morality), arguing that jurisprudence should preoccupy itself exclusively with the former. The scientific analysis of Hans Kelsen (1967)^[61] demonstrated the desire to create a formal and logical system of legal norms, cleansed from any moral, political, or sociological impurities. H. Kelsen developed the concept of a hierarchical system of norms, where the validity of each norm is derived from a higher norm, up to a hypothetical basic norm (Grundnorm), which is the starting point for the entire legal system. According to the statistics of legislative activity, the 19th century^[62] saw a significant increase in the number of codified legal systems in European countries. For instance, the adoption of French Civil Code of 1804, German Civil Code in 1900, Swiss Civil Code in 1907, which can be viewed as a reflection of the influence of the positivist approach. Furthermore, a comparative analysis of legal systems revealed a tendency towards detailed codification of various branches of law, including criminal, civil, administrative, and procedural law, which is also a characteristic feature of positivism. For example, the adoption of such large-scale codifications as French Penal Code of 1810, Penal Code for the German Empire of 1871 are vivid examples of the influence of the positivist doctrine on the law-making process. Discussions within the framework of positivism often concern the question of the relationship between law and morality. Representatives of the so-called “soft” positivism allow for the possibility of including moral principles in the criteria for the validity of law^[63], while supporters of “hard” positivism insist on their complete separation^[64]. The historical school of law, which emerged in Germany in the early 19th century, opposed the rationalist view of law as a product of conscious lawmaking, emphasising its organic connection with history and national spirit. According to the studies of the history of legal thought, specifically, the works of F.K. von Savigny in 1814, law is considered as an organic product of the development of the national spirit (Volksgeist), which is manifested primarily in the customs and legal beliefs of the people. F.K. von Savigny, specifically, believed that legislation should only record the existing legal norms that have developed historically. Ethnographic and anthropological traditions of societies in different regions of the world confirm the significance of customary law as the principal regulator of social relations in the early stages of civilisation. For instance, the legal systems of native peoples in Australia, Africa, and South America show that a significant part of their lives is governed by unwritten customary norms that have profound historical roots and are passed down from generation to generation. It also reveals the diversity of customary law, which can vary drastically depending on concrete cultural and historical conditions. Representatives of the historical school of law made a valuable contribution to the development of historical jurisprudence and comparative law, emphasising the need to study the history of law to understand the modern legal system. However, their views have also been criticised for being conservative and ignoring the possibility of consciously reforming the law. The sociological school of law, which was formed at the turn of the 19th-20th centuries, emphasised the need to study law in its social context, considering it as a phenomenon of social reality. According to the studies of the sociology of law, specifically, the works of Nathan Roscoe Pound in 1911-1912, law should be understood not only as formal legal norms, but also as actually existing social practices, relations, and institutions^[65]. Representatives of this school emphasised that law is an instrument of social control and a means of satisfying social needs and interests. M. Bucholc^[66] developed the concept of law as «social engineering» aimed at achieving social harmony by balancing different interests in society. Statistical studies on the effects of socio-economic factors, such as income, education, social inequality, on crime and offences, as well as analysis of court statistics considering the social background of offenders and victims, are examples of research conducted within the sociological school of law. For example, research published in scholarly journals such as the Law & Society Review and the Journal of Law and Society often demonstrates the complex interplay between legal norms and social realities, revealing how social change affects the law and how the law affects society. Within the sociological school of law, the legal realism movement also developed, with its representatives (e.g., Llewellyn and Frank) focusing on the factual activities of judges and other law enforcement agencies, emphasising that «law is what judges do». Table 1 was created to provide a more illustrative comparison of the key theoretical concepts of the origin of law.

Table 1: Comparative analysis of fundamental theories of the origin of law.

In the ancient world, legal systems were highly detailed and often inextricably linked to religious and mythological beliefs, which was reflected in their content and procedures. The Code of Hammurabi (18th century BC), one of the oldest surviving sets of laws, contains concrete provisions that regulated various aspects of Babylonian social life^[67]. For instance, Article 238 established a fixed fee for the services of a shipwright, while Articles 253-256 regulated the liability of an employee for negligent performance of work. A considerable part of its provisions (about 45%) regulated property relations, including land ownership, lease, loan, trade, and inheritance, reflecting the agrarian and commercial basis of the economy at the time. About 25% of the code’s provisions related to family law, including rules for marriage, divorce, adoption, and property relations between spouses. The criminal penalties prescribed in the code ranged from fines and damages to corporal punishment and the death penalty, with the social status of the parties often being crucial in determining the degree of punishment. The Law of the Twelve Tables (450 BC) of the Roman Republic (5th century BC) was the result of the struggle of plebeians for legal certainty and limiting the arbitrariness of the patricians. Table III of the Law of the Twelve Tables regulated the enforcement of court decisions against debtors, establishing strict procedures for debt collection. Table V of the Law of the Twelve Tables contained provisions on inheritance and guardianship, defining the procedure for transferring property upon death and protecting the rights of minors. Table VIII of the Law of the Twelve Tables defined various types of crimes and their respective penalties, including liability for theft, bodily harm, and murder. The promulgation of these laws was significant for the development of Roman law, laying the foundation for the subsequent development of a more complex legal system, which eventually led to the creation of the Corpus Iuris Civilis (234) under Emperor Justinian I in the 6th century AD. During the Middle Ages, in the territory of Kyivan Rus, the Rus’ Pravda^[68] (11th-12th centuries) was the primary source of legal norms. The oldest edition^[69] (“Korotka Pravda”) contained about 43 articles, most of which regulated criminal offences and established fines (vyrs) for murder and other crimes. For example, Article 1 stipulated a deposit of 80 hryvnias for the murder of a princely husband. Later editions (“Sprawling Pravda” and “Shorter Pravda”) significantly expanded the range of issues regulated, including property relations, contract law, and inheritance, reflecting the development of feudal relations and the growth of economic activity. The Rus’ Pravda is a valuable source for studying the socio-economic and legal system of Kyivan Rus, demonstrating the evolution of legal norms from blood feuds to a more formalised system of fines and compensation. In Western Europe in the Middle Ages, the Magna Carta of 1215 was a crucial document that limited the power of the English king and enshrined certain rights and freedoms. Article 39 Magna Carta guaranteed the right to a fair trial and lawful punishment. This document became one of the major steps towards the establishment of constitutionalism in England, laying the foundations for the development of the rule of law. The canon law of the Catholic Church also played a prominent role in regulating various aspects of life, especially family law^[70]. According to historical data, the number of appeals to church courts for marriage, divorce, and inheritance was significant throughout the Middle Ages, as church law had jurisdiction in these areas. Since the modern era, codification has become a vital area of law development, aimed at creating systematic and unified sets of laws.

The French Civil Code of 1804 also known as Napoleon Code became one of the most influential examples of codification. Book III of the French Civil Code of 1804, devoted to various ways of acquiring property, included detailed provisions on ownership of movable and immovable property, as well as on various types of obligations arising from contracts and torts. According to the statistics of court cases in France in the 19th century, a considerable number of disputes concerned the interpretation of the provisions of Book III of the French Civil Code of 1804, especially the sections on sale and purchase (Articles 1582-1701) and lease (Articles 1708-1831). The German Civil Code of 1900 was also distinguished by a pronounced level of detail and systematisation. Book II of the German Civil Code of 1900, covering the law of obligations (Articles 241-853), detailed rules on various types of contracts, as well as on non-contractual obligations. In England in the 19th century, along with the development of case law, active lawmaking also took place. For instance, the adoption of the Sale of Goods Act of 1893 codified the basic rules governing contracts for the sale of goods. The number of commercial disputes heard by courts increased during the 19th century, reflecting the development of trade and industry. The 20th century saw further intensification of lawmaking at the national and international levels. The evolution of key legal concepts over time is illustrated in Table 2.

Table 2: Evolution of key legal concepts in different historical periods.

In the field of international law, numerous conventions have been adopted to regulate various aspects of interstate relations, including human rights, international trade, and environmental protection. For example, the European Convention on Human Rights of 1950 prescribes the fundamental rights and freedoms to be protected in the member states of the Council of Europe.

A comparative legal analysis of the evolution of certain legal institutions in distinct legal families reveals both universal trends and major differences. The field of criminal law revealed a general trend towards the humanisation of punishment. According to the Council of Europe, Protocol No. 6 to the Convention for the Protection of Human Rights and Fundamental Freedoms Concerning the Abolition of the Death Penalty^[71] prohibits the use of the death penalty in peacetime. In family law, many countries have liberalised their divorce and marriage laws. For example, France and Germany have detailed codified family law that regulates divorce and marriage. Furthermore, the legalisation of same-sex marriage in countries such as the Netherlands, Belgium, and Spain is an example of the liberalisation of marriage law. According to the Pew Research Center^[72], the number of same-sex marriages in countries where it is allowed has increased markedly between 2000 and 2025. The Netherlands became the first country to legalise same-sex marriage in 2001. In 2003, Belgium became the second country in the world to legalise same-sex marriage. Spain legalised same-sex marriage in 2005 and South Africa in 2006. In 2009, same-sex marriage became legal in Norway and Sweden, and in 2010 – in Iceland, Argentina, and Portugal. Denmark legalised same-sex marriage in 2012, and Canada in 2005. New Zealand and Uruguay legalised same-sex marriage in 2013, and France did so in 2013. The United Kingdom legalised same-sex marriage in 2014, and Luxembourg and Ireland – in 2015. The United States also legalised same-sex marriage in 2015. Colombia legalised same-sex marriage in 2016, followed by Finland, Australia, Germany, and Malta in 2017. Austria, Ecuador, and Taiwan legalised same-sex marriage in 2019, and Costa Rica in 2020. In 2022, same-sex marriage became legal in Slovenia, Chile, Cuba, Mexico, and Switzerland. Andorra legalised same-sex marriage in 2023, followed by Nepal, Greece, and Estonia in 2024. In the field of labour law, there is a tendency to strengthen the protection of workers’ rights. The International Labour Organisation has adopted numerous conventions setting minimum labour standards. The Social Security (Minimum Standards) Convention, 1952 (No. 102)^[73] is the fundamental one in the field of social security and sets minimum standards for nine basic types of social security. It requires member states to provide a minimum level of protection in the areas of medical care, sickness benefits, unemployment benefits, old age benefits, occupational injury benefits, disability benefits, survivors’ benefits, maternity benefits, and family benefits. Convention No. 102 is the only international treaty with a systemic vision of social security. The Employment Injury Benefits Convention (No. 121)^[74] sets minimum standards for the protection of workers in case of an occupational injury, including medical care, temporary and permanent disability benefits, and survivors’ benefits. The Invalidity, Old-Age and Survivors’ Benefits Convention (No. 128)^[75] sets out minimum standards for the provision of benefits in cases of disability, old age, and survivors’ benefits, aimed at ensuring a certain level of income and support for persons in such situations. The Medical Care and Sickness Benefits Convention (No. 130)^[76] sets out minimum standards for the provision of medical care and sickness benefits, including access to medical care and the payment of sickness benefits. The Employment Promotion and Protection against Unemployment Convention (No. 168)^[77] aims to promote full, productive, and freely chosen employment and to protect workers against unemployment by providing unemployment benefits and promoting their employment. The Maternity Protection Convention (No. 183)^[78] establishes minimum standards for maternity protection, including the right to paid maternity leave, protection against dismissal on grounds of pregnancy and childbirth, and the right to maternity and child healthcare. The institution of private property in countries of the Romano-Germanic legal family, such as France (Article 544 of French Civil Code^[79]) and Germany (Section 903 of German Civil Code^[80]), provides the owner with broad rights to own, use, and dispose of property. According to Eurostat^[81], in 2024, the share of households owning their housing in the European Union (EU) was 69%, including 48% in Germany. In English law, the concept of ownership is more complex, but the equivalent of absolute ownership is fee simple. According to the UK Office for National Statistics^[82], 65% of households owned their home in 2023-2024. In the field of law of obligations in France (Article 1101 of the French Civil Code^[83]), a contract is defined as an agreement by which one or more persons undertake to do, not to do, or to provide something to one or more other persons. In English law, consideration is required for the conclusion of a contract. In the evolution of criminal law, a tendency to reduce the use of the death penalty was observed. According to the Death Penalty Information Centre^[84], as of 2024, 6 states in the United States abolished the death penalty. In the European Union, the death penalty is prohibited under the Charter of Fundamental Rights of the European Union^[85]. In the development of the judicial process, there is an expansion of the rights of the accused. For example, in the United States, according to the Sixth Amendment to the Constitution^[86], the accused is entitled to a swift and public trial, to legal aid of a lawyer, and to examine witnesses. Statistics from the Federal Bureau of Investigation^[87] showed that in 2019, the clearance rate for severe crimes was around 61.4%.

The further evolutionary development of law, considering current global challenges and the dynamics of social relations, should be aimed at achieving a series of key goals and be guided by the fundamental principles of justice and the rule of law. In the area of information technology regulation, future law should focus on creating effective mechanisms to ensure the protection of personal data in the face of the ever-increasing amount of information being collected and processed^[88]. A clear legal framework should be developed to regulate the use of artificial intelligence, including liability for its actions and prevention of potential risks associated with its use. The law should promote the development of cybersecurity by establishing mandatory to protect information systems and ensure effective means of combating cybercrime^[89]. In the area of globalisation, the evolution of law should be aimed at strengthening international cooperation and harmonising national legislation to better address transnational issues. Work should continue on the unification of private law, especially in international commerce, to create a more predictable and stable legal environment for international trade and investment. International law should also evolve towards strengthening the mechanisms of accountability of states and other subjects of international law for violations of international norms. Considering the growing threat of environmental disasters, future legal development should prioritise environmental protection and sustainable development. Stricter environmental standards should be developed and implemented to prevent air, water, and soil pollution and to preserve biodiversity. The law should stimulate the transition to renewable energy sources and promote the introduction of environmentally friendly technologies^[90]. It is also crucial to develop effective legal mechanisms for prosecuting environmental crimes and compensating for environmental damage. In the social sphere, the further evolution of law should be aimed at ensuring the full and effective enjoyment of human rights for all members of society. All forms of discrimination, including discrimination based on race, ethnicity, gender, sexual orientation, disability, and other grounds, should be further combated.

The law must ensure equal opportunities for all citizens in education, employment, healthcare, and access to justice^[91]. Particular attention should be paid to protecting the rights of vulnerable groups, such as children, the elderly, and migrants. In criminal law, future developments should be aimed at humanising the penal system and increasing its effectiveness in preventing crime. The search for and implementation of alternative types of punishment that would contribute to the re-socialisation of offenders and the restoration of justice should continue. The law must ensure a fair and effective criminal procedure, respecting the rights of the accused and victims. The growing threat of cybercrime requires the development of new legal instruments and strengthening of international cooperation in combating this type of crime. In legal research and education, future development should be aimed at training highly qualified professionals who can work effectively in a rapidly changing legal environment. Interdisciplinary research that combines jurisprudence with other fields of knowledge should be encouraged to find innovative approaches to solving complex legal problems. Legal education should be focused on developing students’ critical thinking, analytical, and problem-solving skills, and an understanding of the social context of law^[92]. Ensuring the rule of law and access to justice for all members of society should continue to be one of the priorities for the further evolution of law. Work should continue on simplifying court procedures, increasing the transparency and efficiency of the judicial system, and ensuring that those in need of legal aid can obtain it. The law should be clear, predictable, and consistently applied^[93]. Further development of the law should also consider the need to adapt to new forms of social interaction and economic activity. The development of the digital economy, platform employment, and other new phenomena requires the development of adequate legal regulation that would strike a balance between innovation and the protection of the rights and interests of all stakeholders. The evolution of law should be based on a broad public dialogue, accommodating different points of view and interests. Involvement of the public in lawmaking and law enforcement is a crucial factor in ensuring the legitimacy and effectiveness of the legal system.

4. Discussion

The conducted detailed analysis of the fundamental theoretical concepts of the emergence of law revealed a complex and multifaceted problem of understanding this phenomenon, which correlated with modern research in the field of philosophy of law, history of legal thought, and sociology of law. The findings of the present study confirmed that none of the theories under study could claim to be an exhaustive explanation of the origin and evolution of law, and each of them offered a valuable, albeit partial, view of this problem. Specifically, the analysis of the natural law theory, supported by historical works from antiquity to the Enlightenment, was consistent with modern findings that emphasised the continued relevance of the idea of the existence of objective moral principles underlying a just legal order. According to E.A. Winkler^[94], despite criticism, natural law theory continues to play a vital role in debates about human rights, justice, and the legitimacy of law. E.A. Winkler emphasised that the appeal to natural law often becomes an argument in favour of protecting fundamental values that are not always reflected in positive law. This is in line with the results of the present study, which showed the influence of natural law theory on the development of human rights ideology and the first constitutional acts. Additionally, J. Drew^[95] stressed that the concept of natural law is a necessary basis for substantiating the universality and inviolability of human rights, which is reflected in international documents such as the Universal Declaration of Human Rights.

The analysis of positive law theory, which emphasises the formal aspects of legal norms, correlated with studies that emphasised the significance of state coercion and clear procedures for the maintenance of law and order. F. Jiménez^[96] argued that positivism continues to be the dominant approach in contemporary jurisprudence. The researcher also argued that positivism provides a better understanding of the moral status of the law and is more in line with what is called “fairness” than non-positivism. The findings of the present study, which showed a tendency towards codification and detailed regulation of legal relations, confirmed the influence of the positivist doctrine on the law-making process. Therewith, E.H. Atiq^[97] offered a more nuanced view of positivism, recognising the possibility of including moral considerations in interpreting law, without denying its basic postulates regarding the sources of the law. The historical school of thought, with its emphasis on the organic development of law from the popular spirit, is reflected in contemporary research that emphasises the significance of historical and cultural context in understanding legal systems. M. Bozorgi^[98] emphasised that law is not only the result of deliberate lawmaking, but also the product of a long social evolution that reflects the values and beliefs of a society. The findings of the present study, which showed the significance of customary law in the early stages of civilisation, confirmed this conclusion.

The analysis of the sociological school of law, which considers law as a social phenomenon and an instrument of social control, was consistent with modern research that examined the effects of social factors on law and the reverse effects of law on society. J.H. Lipschultz^[99] highlighted that law is not only a set of rules, but also a means of communication that reflects and shapes social relations. The findings of the present study, which showed the impact of socio-economic factors on offending, as well as the role of law in meeting social needs, confirmed the value of a sociological approach to understanding law. Additionally, R. Cotterrell^[100] emphasised the need for empirical research on law in action, considering it as part of broader social processes and institutions. A comparative analysis of the evolution of certain legal institutions in different historical periods revealed universal trends, such as the humanisation of punishment and the liberalisation of family law, which was supported by research on human rights development and social change. G. Alfredsson and A. Eide^[101] thoroughly analysed the evolution of international human rights standards, noting the tendency to expand the range of rights and strengthen the mechanisms for their protection. At the same time, there are considerable differences between legal families in the regulation of property and law of obligations, reflecting distinct historical, cultural, and economic contexts. P. De Cruz^[102] conducted an in-depth comparative analysis of the principal legal institutions in European countries, identifying both convergence and divergence in their development. The findings of the conducted study on the evolution of the concepts of justice, rights, property, contract, and punishment throughout history were consistent with current research, which showed the complex and non-linear nature of this process. For example, in terms of the evolution of property rights, B.Z. Tamanaha^[103] emphasised that the understanding of property has constantly changed depending on social, economic, and political conditions. Analogously, in terms of the development of criminal law, J.S. Abolafia^[104] analysed the transformation of penal systems from ancient times to the present, identifying key trends and influencing factors. Considering the theory of natural law, its long history gave rise to many interpretations. From ancient notions of divine or cosmic order to modern concepts of human rights, natural law theory has constantly evolved to adapt to new social and political realities. However, criticism of its subjectivity and difficulty of practical application stays relevant. The theory of positive law, emphasising the formal sources of law, made a significant contribution to the development of legal science, contributing to the systematisation and codification of legislation. However, its disconnection from moral principles caused debate, especially in cases of unjust laws. Discussions between the proponents of distinct strands of positivism continue, reflecting the complexity of the relationship between law and morality. The historical school of law, with its attention to national spirit and historical context, reminds of the deep roots of legal systems and the need to study them to understand the present^[105]. At the same time, its conservatism can hinder progressive reforms and the protection of minority rights. The sociological school of law, considering law in action, not just in books, emphasises its social conditionality and significance for regulating social relations. Empirical studies conducted within this school of thought reveal the real impact of law on society and its effectiveness in achieving social goals. A comparative analysis of the evolution of legal institutions revealed both universal patterns and major differences caused by various historical, cultural, and political factors. Study of the experiences of distinct legal families is valuable for improving national legislation and promoting international harmonisation of law.

The results of the conducted study are significant for understanding the complex process of the origin and evolution of law. They emphasised that law is not a static set of rules, but a dynamic phenomenon that is constantly changing under the influence of various factors. Understanding these factors is key to effective lawmaking and law enforcement in the modern world. Specifically, an awareness of the theoretical foundations of law enabled a better understanding of its essence and purpose, while historical analysis helped to identify patterns and trends in its development. The comparative legal approach contributed to a better understanding of the specific features of legal systems of different countries and the possibilities of their harmonisation. In conclusion, by analysing the fundamental theoretical concepts of the origin of law and their evolution in the historical context and comparing the development of certain legal institutions in distinct legal families, the present study provided a holistic view of the complexity and multifaceted nature of the legal phenomenon. The findings obtained were consistent with the findings of other researchers in the fields of philosophy of law, history of legal thought, and sociology of law, confirming the significance of an interdisciplinary approach to the study of law.

5. Conclusions

The study of the fundamental theoretical concepts of the origin of law yielded a series of valuable scientific results which revealed the complex and multifaceted nature of the legal phenomenon. The analysis showed that each of the theories under study – natural law, positive law, historical school of law, and sociological school of law – offers a unique, albeit not exhaustive, view of the nature and origin of legal norms. The natural law theory, with its emphasis on the inherent connection between law and morality and reason, emphasises universal principles of justice as the primary basis of the rule of law, which stays relevant in the context of contemporary debates on human rights and the ethical limits of legal regulation. In contrast, the positive law theory, focusing on the formal aspects of law as a set of rules established by legitimate state authority, emphasises the need for clarity and certainty of legal prescriptions, which is critical to ensuring legal stability and predictability. The historical school of law, emphasising the organic development of legal norms from the national spirit and customs, points to the profound connection between law and the cultural and historical traditions of society, which must be considered when reforming legal systems. The sociological school of law, considering law as a social phenomenon, an instrument of social control, and a means of meeting social needs, emphasises the dynamic nature of law and its dependence on socio-economic and political contexts.

The study of the evolution of key legal concepts throughout history revealed the complex and dynamic nature of their development. The concepts of justice, rights, property, contract, and punishment undergone substantial transformations, reflecting changes in philosophical views, social structures, and economic relations in different historical periods. A comparative analysis of the development of individual legal institutions in different legal families demonstrated both universal trends, such as the gradual humanisation of criminal law and the growing emphasis on human rights protection, and major differences driven by the unique historical, cultural, and legal traditions of each system. The findings confirmed that understanding the origin and evolution of law is multifaceted and requires consideration of different theoretical perspectives and historical contexts. No single theory can provide a comprehensive explanation of this complex phenomenon. Instead, each of them offers valuable insights that together contribute to a better understanding of the nature of law, its functions in society, and its ability to adapt to changing social conditions. The limitation of the present study was the predominantly theoretical nature of the analysis, which was based on a review of the scientific literature. Prospects for further research in this area could be aimed at a more in-depth investigation of the interaction and complementarity of different theoretical concepts in explaining concrete legal phenomena and processes.

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