Historical School Of Jurisprudence

Parth Sharma, School of Law, DME, Guru Gobind Singh Indraprastha University

ABSTRACT

This paper investigates the Historical School of Jurisprudence, which argues that law emerges from societal customs and traditions rather than divine authority or legislative edicts. In contrast to the Natural School, which sees law as rooted in higher moral principles, the Historical School emphasizes the importance of cultural and historical contexts in shaping legal systems. Key figures such as Montesquieu, Savigny, and Sir Henry Maine are central to this discourse. Montesquieu posited that laws are influenced by sociological and environmental factors, advocating for their adaptation to meet societal needs. Savigny introduced the notion of Volksgeist, asserting that law reflects the collective consciousness of a society. Maine furthered these ideas by emphasizing the necessity for systematic legal reform and codification.

The Historical School maintains that laws should evolve alongside societal changes to remain relevant and effective. This perspective highlights the intricate relationship between law and culture, emphasizing that legal systems must adapt to contemporary values and norms. By exploring these foundational principles, this paper underscores the ongoing relevance of the Historical School in modern legal discourse. It illustrates how understanding law as a dynamic entity shaped by historical and social influences can inform the development of effective legal frameworks that resonate with current societal needs.

Keywords: Historical School, Jurisprudence, Montesquieu, Savigny, Volksgeist, legal evolution, societal customs.