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Historical School

According to this School, Law is a matter of unconscious and organic growth. Therefore, the law is found and not made. This school says that Law is anterior to the state and does not owe its existence to it.  They say custom is an all-important source of law and is superior to legislation. This School discourages creative activities and legal reform.

Savigny

He is regarded as the originator of the Historical School. He has propounded the Volkgeist Theory. Law has its source in the general consciousness (Volkgeist) of the people. He says law develops like a language and has a national character. Law is a product of the people’s life- it is a manifestation of its spirit.

The other eminent supporters of this School are Sir Henry Maine and Edmund Burke.

Salient features of Historical School of Jurisprudence

  1. With the changing needs and nature of persons, the law should be changed. The historical school follows the concept of man-made laws. ‘Law is formulated for the people and by the people’ means that the law should be according to the changing needs of the people. And everyone understands their own needs better than anyone else.
  2. The basic source of the Historical School of Jurisprudence is the habits and customs of people which change according to their needs and requirements. It is also called the continental school of Jurisprudence.
  3. This school rejects the ideas of the formation of law by judges and the origin from some divine relevance.
  • 4) It opposes the ideology of the analytical school of jurisprudence.  

5) Analytical school of jurisprudence is also called the Austinian School. It was established by John Austin. The subject matter of the Analytical school of Jurisprudence is positive law. It focuses on the origin of law, the judges, states, and legislators. Historical School laid emphasis on the formation of law by people through customs and habits, not by the judges and superior authority.

6). Historical School of Jurisprudence describes the origin of law. This school argues that the law was found not made. The main source of law is King’s Judgment, Customs, and habits. Jurists like Montesquieu, Savigny, Sir Henry Maine, and Georg Friedrich Puchta are supporters of the Historical School of Jurisprudence.

7) Savigny was the father of the Historical school. He argued that Law is like language and has a national character. Law is not universal. Puchta improved the ideas of Savigny and argued that both state and people are equally important and the source of law.

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