Historical School of Jurisprudence is one of the schools of law after Natural Law. This law further believes that law, in general, is an outcome of years of historical development. This studies not only the concept but also the origin of law. Moreover, this law has a very complex concept. Its understanding depends and varies with every individual. In other words, everyone has a different understanding of the law.
For example, a lawyer and a law student, both understand the law as a solution to every dispute. However, an ordinary citizen perceives law with the purpose to inflict and impose punishment.
Introduction of the Historical School of Jurisprudence
According to this theory – the historical school of law, the law is the result of past forces and past influencers. Moreover, the law is built and grown on the general consciousness of people. The consciousness, however, starts from the very beginning of the society. In addition, some of the factors that affect this long historical development are as follows:
- Society and social customs.
- Many religious and convention principles.
- Also, the economic needs of society play a crucial role.
- Last but not the lease, the needs, and desires of the citizens.
Browse more Topics under Jurisprudence
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- Norms and Normative system
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- Schools of Jurisprudence – Natural Law
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- Schools of Jurisprudence – PIL
- Schools of Jurisprudence – Concept of Dharma
- Purpose of Law – Justice
- Purpose of Law – Meaning and Kinds
- Purpose of Law – Justice and Law approaches of different school
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- Purpose of Law – Critical studies
- Purpose of Law – Feminist Jurisprudence
- Sources of Law – Legislation
- Sources of Law – Concept of Stare Decisis
- Sources of Law – Customs
- Sources of Law – Juristic Writings
- Sources of Law – Agreements
- Legal Rights – Rights kinds
- Legal Rights – Right duty Correlation
- Persons – Nature of Personality
- Status of Unborn, Minor, Lunatic drunk and dead person
- Corporate Personailty
- Persons – Dimensions of modern legal personality
- Legal personality of Non Human beings
- Kind of Possesions
- Kinds of Ownership
- Difference between Possesions and Ownership
Central Focus of the Historical School of Jurisprudence
Friedrich Karl von Savigny was the founder of the historical school of law during the years 1779–1861. According to Savigny, the central purpose of this school was to establish that a nation’s customary law is its truly living law. And, moreover, the task of jurisprudence is only to uncover and expose this law.
Creation of the Historical Law School
Historical School of Jurisprudence believes that this law comes from the changing needs of people in society. Therefore, habits and customs are the main sources of the Historical School. However, according to Dias, “Historical school arose as a reaction against the natural law theories”.
Here are some of the reasons for the emergence of this school is:
- It is the result of the natural school of law.
Natural school of law believes that the law originates from a divine supreme power. Another term for Natural Law is Eternal law. And it is also believed to be in existence since the beginning of the world as we know it.
Therefore, it closely associates with the morality, teachings and intention of God. Hence, it is safe to say that the Indian constitution has significant relevance of the natural law in its respective publications.
On the contrary, historical school of Jurisprudence focuses on the formation of law by people not by some divine origin.
- It goes against the beliefs of the analytical school of jurisprudence.
Another name for the analytical school of jurisprudence is the Austinian School. John Austin was the creator and founder of this School of Juriprudence. Further, the subject matter of the Analytical school of Jurisprudence is positive law.
By positive law, it refers to its extensive focus on the origin of law of the judges, state and legislators. Historical School also lays emphasis on the formation of law by the people. Further, this formation is through customs and habits, and not by the judges and superior authority.
Solved Questions on Historical School of Jurisprudence
Q. What are the different schools of jurisprudence?
There are 5 primary schools of jurisprudence. They are as follows:
- Philosophical School of Jurisprudence,
- Analytical School of Jurisprudence,
- Historical School of Jurisprudence,
- Realist School of Jurisprudence, and
- Socialist School of Jurisprudence.