Historical jurisprudence which explain how an act enacted using historical way. The society follows an culture continuously. It will be created to an act by modern day government.

1. HISTORICAL SCHOOL OF
JURISPRUDENCE
● The exponents of the historical school of
jurisprudence take social institutions in their
sequence with primacy to primitive legal
institutions of the society.
● Thus the school does not attach importance to
relation of law to the State but gives primacy
to the social institutions in which the law
develops itself.

2. HISTORICAL SCHOOL OF
JURISPRUDENCE
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While the analytical school presupposes the
existence of a well developed legal system, the
historical school concentrates on evolution of
law from the primitive legal institutions of the
ancient communities.
The task of historical school is to deal with the
general principles governing the origin and
development of law and with the influences
that affect the law.

3. HISTORICAL SCHOOL OF
JURISPRUDENCE
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Austin under Analytical school says that law is
the command of the sovereign. He added only the
law in the study of jurisprudence.
But under historical school, Savigny says that law
is the general consciousness of the people i.e,
spirit of the people (Volksgeist).
● It means what the common people think or
behave is the base of law. Law shows the general
nature of the common people. This theory of
Volksgeist is based on the historical method.
Savigny is the father of it.

4. HISTORICAL SCHOOL OF
JURISPRUDENCE
● The Historical school is just opposite to the
Analytical school. In the 18th and 19th century,
the concept of individualism came into existence.
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Due to this concept the revolutions came like the
French revolution, Russian revolution, etc.
At that time Savigny, Montesquieu, Grotius were
the writers who said that law is the general will of
the people or law is based upon common people
and the feelings of the common people.

5. HISTORICAL SCHOOL OF
JURISPRUDENCE
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Law develops like the language and manners of
the society. So law has a natural character.
Law has no universal application. It differs from
society to society and state to state. In the same
way, the languages differ from society to society
and locality to locality.

6. SAVIGNY'S VOLKSGEIST
THEORY
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Savigny is considered as the main expounder or
supporter of the historical school. He has given
the Volksgeist theory.
According to this theory, law is based upon the
general will or free will of common people.
He says that law grows with the growth of
nations, increases with it and dies with the
dissolution of the nations.
● In this way law is national character ie.,
Consciousness of people.

7. SAVIGNY'S VOLKSGEIST
THEORY
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In other words, according to this theory law is
based on the will or free will of common people.
He says that law grows with the growth of the
nation.
A law which is suitable to one society may not be
suitable to another society. In this way law has no
universal application because it is based upon the
local conditions, local situations, local
circumstances, local customs, elements etc.
● All these things affect law and make it suitable
for society.

8. EXPONENTS OF HISTORICAL
SCHOOL
● According to Savigny, "Law is the General
consciousness of the people. Historical School is a
●
branch of Law, which studies law from the past
history.
Montesquieu has said, "Law is the creation of
climate, local situations and accidents."
● According to Grotius, "Law develops like
language and the manners of the society and it
develops according to suitable circumstances of
the Society. The necessary thing is the acceptance
and observance by society.

9. The Main features of the Savigny's
theory are as follows:
1.Law has a national character.
2.Law is based upon the national conditions,
situations, circumstances, custom etc.
3.Law is prehistoric. It means law is found and is
not made, the jurists and the lawyers make it in
set form.
4.Law develops like language and manner of the
society. In ancient society law was not in a
natural stage or not in a set form.

10. The Main features of the Savigny's
theory are as follows:
Later on with the development of the society the
requirements and the necessities of the society
increased. Due to this it was necessary to mould
law in a set form.

11. CRITICISMS AGAINST
SAVIGNY'S VOLKSGEIST
THEORY
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1.Inconsistency in the Theory
2.Volksgeist' not the Exclusive Sources of law
3.Customs are not always based on Popular
Consciousness
4.Savigny ignored other factors that influence
law
5.Juristic Pessimism