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Historical School Of Jurisprudence

Historical school of jurisprudence was against the notion that law is any regulations laid down. Hence it arose as a reaction against natural law and positive law theories. Law is to be found and not to be made. Law cannot be imposed; rather spirit of the people is to be followed. Law cannot be the arbitrary act of the legislation .It derived inspiration from the Roman law. Every nation will have unique character due to its historical period, civilization and culture. The foundations are in the historical origins, evolutionary process and then the mode of transformation. It was a reaction against the rationalism, universalism and individualism, which was perceived in natural law philosophy. Edmund Burke laid down the foundation of this school, stated that habit and religion as the true guides to social action. Von Savigny and Friedrich Puchta are the exponents. The origin of law lies in the Volksgeist. “Law is a national character and develops like a language in the nation, which not only binds people in one group by faith and opinions, but also, grows with the growth of the society”. Gustav Hugo also talked about the harmonization - if any law created by the legislation and if it inflicts the normal tradition of the people then it will create chaos in the society