Скачать или смотреть कानून दो प्रतिस्पर्धी सिद्धांत | ANALYTICAL SCHOOL v/s HISTORICAL SCHOOL |

This text examines the fundamental tension between the Analytical and Historical schools of jurisprudence, contrasting their views on the origin and authority of law. While the Analytical school posits that law is a deliberate command of the sovereign backed by state power, the Historical school argues that law is found within organic social customs rather than being consciously manufactured. The author ultimately asserts that the Analytical approach is superior in a modern context because the state possesses the unique power to formalize, enforce, and repeal rules to suit contemporary needs. However, the text concludes that an ideal legal system must still respect historical context, acknowledging that effective legislation should resonate with the collective consciousness and traditional values of the people it governs.





विधिशास्त्र की विश्लेषणात्मक पद्धति एवं ऐतिहासिक पद्धति में क्या मुख्य अन्तर है ? आप किस विचारधारा को उपयुक्त समझाते हैं ? कारण सहित स्पष्ट कीजिये ?
What is the main difference between Analytical and Historical School? Which one do you consider more suitable ? Explain with reason.