By Steven Masiga
Many ancient scholars believed that law came from gods of justice, and it was generally believed that, in pronouncing justice, one was acting under the command of the gods or divine inspiration.
There is no consensus on where law comes from. Law, just like language, grew slowly to where it is today. In England, for example, English was the language spoken by the poor, while French was the official language of the courts (Source: Steven Masiga, 2025).
Philosophers have variously engaged in intellectual and philosophical arguments about where exactly law comes from. Several scholars claim that law traces its existence from the customs of communities. At some point, priests were also lawgivers.
Generally, it is accepted that law may have evolved from the following: judges as givers of law; law as given by God; law as originating from gods, especially gods of justice; law traceable to village patriarchs; law also coming from the sovereign and themselves.
Customary law was said to bind only those who were united by blood.
The origin of law is multifaceted, and it should be understood from a pluralistic angle. It ought to be viewed from several perspectives. Law cannot be traced to a single source.
In the formative days during the evolution of law, priests laid claim to being the founders of law because, at that time, writing had not developed. Therefore, priests took it upon themselves to memorize the law. However, with time, priests were set aside as the skill of writing developed. A class of men who had learned how to write emerged and denounced the priests as lawgivers.
In the formative days of studying law as an academic discipline, one had to pursue two degrees at once, e.g., LLB or LLM. Those studying law were assumed to be studying two degrees concurrently: secular law and canon law. The origin of the phrases LLB or LLM is premised on this.
In jurisprudence, there is no settled opinion on what law is, as different schools of thought view it differently. Realists have their own opinions, while positivists and sociologists each view law from their own philosophical dimensions.
The historical school of law laid a foundation upon which the sociological school was built. The historical school predates the work of Kelsen and others. Professor Kelsen believed in removing governments through coups, and that is why his theory was rejected in Uganda under the 1995 Constitution (as amended), particularly Article 3, and in countries like Pakistan, which firmly believe that law comes from Allah, especially as reflected in their 1947 legislative framework.
Notable writers in the 17th century began to emphasize the spirit of the Volksgeist. For example, Savigny claimed that law is not enacted but rather found in society and develops from the manners of the people.
Arguments were advanced by several scholars—some in favor of codification of law, while others opposed it, claiming that codification would imprison or cage the law and hinder its development.
The positivist school also had its proponents and opponents. In the Bugisu region, for example, there are several groups opposed to the Cultural Leaders Act and certain provisions of the Constitution of Uganda that regulate culture and customs. Such individuals may fall within the sociological school, while those who support legislation on bukuka fall within the positivist school of thought.
The positivist school believes that law comes from the state, while sociologists, like the historical school, argue that law is not made but found—that it predates the state and develops from the behavior of the people.
Another notable figure in legal thought and philosophy is Bentham. He was the son of a wealthy London attorney. His intellect was of the rarest quality, as he possessed both the capacity and acumen of a jurist and logician. Bentham was utilitarian in nature and believed in the enactment of laws that would bring happiness to the greatest number of people.
There is ongoing debate about Austin and Bentham regarding who mentored whom. Another notable jurist was Sir Henry Maine (1822–1888), who conducted a comparative study of legal institutions across communities and developed a theory on the evolution of law. He made significant contributions to the sociological school of law and believed that law came from the gods.
The writer is an interdisciplinary scholar based in Mbale. Tel: 0782231577.
