Basics of Historical School of Jurisprudence | Jurisprudence in Hindi

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Welcome to Finology Legal - Continue karte hai humaara discussion Historical School of Jurisprudence ke saath!

Main Aspect of Historical School is Relationship between Law and Society. This school believes that law is a result of Local and Social Customs, Local People and the Local History.

This School mainly believes that every Society has its own specific needs and necessities which majorly decides the Behaviour of the Society. As and when the needs changes; the Behaviour also changes.
Many Jurists have contributed in the Development of Historical School, like - Montesquieu, Puchta, Burke, Savigny, Henry Maine.

Lets discuss them one by one!

1. Montesquieu - He is the first Jurist of Historical School and is often credited for the Evolution of Historical School. He in his famous Book ‘Spirit of Laws’ said ‘ Law must keep Pace with the Changing Needs of the Society’

2. Savigny - He is the Father of Historical School - and his major contribution to this school was ‘Volkgeist Theory’ - which means that Law has its root in the General will or General Conscious of the People. According to him ‘"Law grows with the Growth and strengthens with the strength of the people and finally dies away as the Nation loses its Nationality’.

3. Burke - According to him ‘ Law is the Product of the General process meaning thereby that Law is a DYNAMIC process which changes and develops according to suitable circumstances in Society.

4. Henry Maine - His outlook was too broad to include him to remain within the confines of just one school. His main contribution was the evolution or transformation of societies "from status to contract” and "Legal Fictions, Equity and Legislation”.

5. Puchta - He believed that neither the people nor the State alone can be source of Law. ‘ Man likes to live in unity and this Unity prepares the Ground for General Will’. According to him, the State comes into Practice only to Regulate the System when there is a conflict between General will of the People and Self Interest of the Individual.

Jurisprudence is a very important subject for regular LLB studies as well as various Competitive exams such as CLAT PG 2019, NET 2018 and also for Judiciary and UPSC preparation!

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