Definition: A 19th-century legal philosophy emphasizing the historical and social context of laws.
Core Idea: Laws are not abstract or universal but evolve from the customs, traditions, and collective consciousness of society.
Key Figures: Montesquieu, Savigny, and Georg Friedrich Puchta.
Focus: Understanding laws as dynamic reflections of societal changes over time.
2.1. Reaction to Natural Law
The Historical School opposed the abstract and universal principles of natural law, asserting that laws evolve with societal needs and reflect human experiences.
2.2. People-Centered Law
Laws are formed by customs and societal habits, countering the notion that laws are imposed solely by the state or judiciary.
3.1. Montesquieu
Contribution: Advocated that laws depend on social, political, and environmental conditions.
Key Work: The Spirit of Laws emphasized adapting laws to local societal needs.
3.2. Savigny (Father of Historical School)
Key Idea: Laws evolve naturally from the collective consciousness of the people (Volksgeist).
- Law evolves like language and adapts to society.
- Opposed arbitrary legislation that ignores societal customs.
Criticism: Overemphasized customs, neglecting the role of planned legislation (e.g., abolition of Sati).
3.3. Sir Henry Maine
Key Role: Introduced the English Historical School of Law.
Stages of Legal Development:
- Divine Rule
- Customary Law
- Class-Based Control
- Codification
Legacy: Supported codification and legislation, marking a contrast to Savigny.
3.4. Georg Friedrich Puchta
Contribution: Strengthened Savigny’s ideas by addressing the interplay of individual and collective will in lawmaking.
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