Difference between Analytical School and Historical School || Jurisprudence ||
Difference between Analytical School and Historical School || Jurisprudence ||
In this article, we will discuss the 12 differences between the Analytical School of Jurisprudence and the Historical School of Jurisprudence in table form.
Sr. No. | Analytical School | Historical School |
1. | The main founder of this school is John Austin and other supporters are Bentham, Salmond, Holland, H.L.A. Hart. | Father of this School is Friedrich Karlvon Savigny and other Supporters are Sir Henry Maine, Montesquieu and Hugo. |
2. | The main concept of this school is “law is command of the sovereign”. | The main concept of this school is “Law is the spirit of people (Volksgeist), custom”. |
3. | It deals with the analysis of the first principles of law as they exist in a legal system. | It deals with the general principles governing the origin and development of legal conceptions and principles found in the philosophy. |
4. | This school confines itself to mature legal system. | This school concentrates its attention on the primitive legal institutions of the society |
5. | Law is an arbitrary command of the sovereign. It is the creation of the state. | Law is found and not made. It is self-existent. |
6. | There can be no law without a sovereign. | Law is antecedent to the State and it existed even before States came into being. |
7. | This school strongly in the favour of that legislation is superior to custom, and that legislation is the result of the command of the sovereign. | This school is in favour of that custom is superior to legislation. |
8. | The law rests on the force of a politically organized society. | Law rests on social pressure behind the rules of conduct, which implement it. |
9. | The command of the sovereign is the source of law. | The custom is the formal source of law. This transcendental law and other methods of legal development, e.g. precedent and legislation, derive their authority from custom. At any rate, the custom derives its binding power from its own internal vitality, not to follow a judicial precedent or legislation or to make it legislation. |
10. | This school concentrates on civil law. | This school deals with all branches of law. |
11. | It is also called as “imperative school”, as it has “command” in it by the sovereign. | There is an offshoot of this school, known as the ‘anthropological approach’. |
12. | Approach of this school depends upon the present and future. | Approach of this school depends upon the present and past. |
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