This theory of law is championed by Jeremy Bentham. According to this school, law is based on what could be called the “facts of law”; how people acted. Checks and balances, principle of government under which separate branches are empowered to prevent actions by other branches and are induced to share power. The codes generally reflect the radical, utopian hyper-rationalism of the French Revolution. This site uses Akismet to reduce spam. The Volksgeist, constantly changing and evolving as the German people changed and evolved, drove the slow evolution of law over the course of history. ed. (p. 9), To help overcome this difficulty, it has been suggested by some that Savigny’s historical school of law should be reconstituted on a pan-European level. . A.O Sanni, Introduction to Nigerian Legal Method. the Germans sought to find fundamental principles of German law by scientific study of the data of German law: the existing German legal system in historical context. The Christian saints like Ambrose, Saint Augustine, etc. Between 1806 and 1815, the conqueror Napoleon organized them into the Confederation of the Rhine. 1. it really came handy, I was able to do my assignment and explicitly and succinctly understood it. Another textbook example of the Volksgeist principle in action is Scandinavia, whose legal development has been described as follows: Legal attitudes and legislative practices among the Nordic peoples have been very similar, and highly democratic, since early times. Nice summary. He proposed the command theory of law which is also regarded to as the positivist school. (Norman E. Holly, “Legal and Legislative Co-operation in the Scandinavian States,” American Bar Association Journal, November 1963, p. BENTHAM’S THEORY OF LAW By- SHREYA CHHETRI,STUDENT NEW LAW COLLEGE, PUNE BHARATI VIDYAPEETH DEEMED UNIVERSITY 2. It also remained the law of the Eastern Roman Empire, centered in modern-day Turkey, until its collapse in 1453. The other is the posthumous power of Roman law, forever resisting, struggling, and coalescing with the other. The distinction between law and morals was made by (a) Sruthi (b) Mimamsa (c) Smrithi (d) None 10. Who propounded the theory “law and state are the same”? In 1814, A. F. J. Thibault, professor of Roman Law at the University of Heidelberg, a former student of Immanuel Kant’s at the University of Königsberg and, like Savigny, a German of French Huguenot descent, proposed a unified German civil code on the French model to remedy the chaos of existing law. Maine (1822-1888) Maine made very valuable contribution to legal philosophy by way of historic comparative method.He was an erudite scholar of law. According to him, there are limited resources in the society and thus, numerous competing claims to those resources. to propound. One of the criticisms against this school is the fact that if it is followed dogmatically, it could hinder radical reforms which would turn out to be good for the society. These views are subscribed to by people in a particular school of thought/jurisprudence. Savigny considered law to be an emanation of a people’s spiritual and historical experience. A Law Dictionary, Adapted to the Constitution and Laws of the United States. straight to points It was developed in Greece by philosophers like Heraclitus, Socrates, Plato, and Aristotle. If this theory is to be followed to the latter, it would put these people in perpetual bondage. If it loses the confidence of the people through an instrumentality of a revolution or a coup d’etat, it would become effective. This school also recognises the power of the court to make law when the statutes do not provide for a particular scenario or they are vague about it. 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