(Engels: On Housing) This classic sentence is considered to be the earliest expression of the origin of law in Marxist jurisprudence. Later, Marx's Notes on Morgan's Ancient Society and Engels' Origin of Family, Private Person and State only expressed the origin of law more systematically and completely.
In my opinion, you can quote a well-known knowledge point in Marxist law, that is, the classic discourse on the origin of law, almost without quoting any works:
"In the early stage of social development, we need to use a * * * rule to summarize the repeated production, distribution and exchange of products, and try to make individuals obey the general conditions of production and exchange. This rule was first manifested as habit, and later became law. With the emergence of law, there will inevitably be an organ whose duty is to safeguard the law-public power, that is, the state. " (Engels: On Housing)
This classic phrase is regarded as the earliest expression of the origin of law in Marxist jurisprudence. Later, Marx's Notes on Morgan's Ancient Society and Engels' Origin of Family, Private Person and State only expressed the origin of law more systematically and completely.
Three articles in On Housing were written by Engels from May 1872 to May 10/873. Therefore, many people think that this is the time when the viewpoint of the origin of law in Marxist jurisprudence was born, and the birthplace is on the theory of housing, which is the origin of the origin of law in Marxist jurisprudence.
However, I'm afraid I haven't fully understood it yet.
The second chapter "Exchange Process" in the first article "Commodities and Money" in Volume I of Das Kapital has the following explanation:
"Direct product exchange has a simple form of value expression on the one hand and no such form on the other. This form is X quantity commodity A=y quantity commodity B. The direct form of product exchange is X quantity using commodity A=y quantity using commodity B. Things A and B here were not commodities before exchange, but became commodities through exchange. The use of goods may become the first step of exchange value, that is, it exists as non-use value and as use value that exceeds the direct needs of its owners. Things themselves exist outside people, so they can be transferred. In order to make alienation become mutual alienation, people only need to silently regard each other as the private owner of the alienated things, thus standing on the opposite side of each other as independent people. However, this kind of mutual outsider relationship does not exist among the members of the original isomorphism, whether it is the patriarchal clan system, the ancient Indian commune or the Inca country, and so on. Commodity exchange begins at the end of isomorphism, where they contact with other isomorphism or its members. But once things become commodities externally, they will also become commodities in the same body due to reaction. The proportion of money they exchanged was completely accidental at first. They can be exchanged because their owners are willing to give them to each other. At the same time, the demand of others for the use of goods is gradually fixed. The constant repetition of exchange makes exchange a routine social process. Therefore, with the passage of time, at least some labor products should be produced for exchange. Since then, on the one hand, the separation between the utility of things that meet direct needs and the utility of things that are exchanged has been fixed. Their use value and exchange value are separated. On the other hand, the proportion of the amount they exchange is determined by their production itself, and they are used to fixing them as value. " (Complete Works, Volume 23, first edition, page 105- 106)
It can be seen that when Marx discussed the origin and development of commodity exchange, he actually included the viewpoint of the origin of law. That is, at the end of the existence of * * *, commodity exchange has begun to appear: at first, it was only the personal will of commodity owners, while the latter, with the stability and order of social and economic life, eventually led to "exchange is not only repetitive, but also makes exchange a regular social process". In fact, after a little thinking, the "regular" social process here, that is, the bud with legal concepts, can also be said to be an explanation of the origin of law. If we read Engels' paper on the origin of law in On Housing, I believe we can see that the two are in the same strain. The only difference is that the language of the latter is clearer.
The first volume of Das Kapital was written in/kloc-0 in the 1960s, and On Housing was formed in the 1970s. In other words, Das Kapital precedes housing. Then, the view on the origin of law should be born in Das Kapital, not in the house. Therefore, from a more cautious point of view, we can think that Das Kapital expounds the origin of law in Marxist jurisprudence for the first time, while On Housing gives a more specific and clear explanation.
This is my understanding of the origin of Marxist law.