IBC (Insolvency and Bankruptcy Code 2016)-IOD - PPT.pptx
durga.pptx
1.
2. name- Prajakta Rajiv Lohar.
roll no=5409
subject= Jurisprudence
subject teacher= Dr. M.S Khairnar sir
class= NLC 4th
topic name= Historical school of jurisprudence
3. HISTORICAL SCHOOL: IMPORTANCE AND
MEANING
The Historical School of Jurisprudence is based on the idea that the law, like men,
evolves. This school places a greater emphasis on the social institutions in which law
arises rather than the relationship between law and the state. The analytical school, on the
other hand, assumes the existence of a well-developed legal system. The historical school
focuses on the evolution of law from ancient communities’ basic legal structures. The
historical school’s mission is to study the general principles that govern the formation and
development of law, as well as the influence that has as an impact on it.
Direct relation of Law & Society
custom
people
history
4. Jurist
Montesquieu- spirit of law
law is the invention of the climate, local conditions, accident,
or imposture.
Savigny- vom beruf
volkgeist theory-(general will of people)
national character
Henry maine – status of contract
legal fiction
Puchta- general will (society) conflict with self interest
(individual)