Law is Not Made It is Found

Gautam jayasurya Roll no: 339

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Acc. to the historical school of law, sources of law meant the material from which law derives its content. The principles of law are absolute, eternal, and of universal validity, and that law is found. The people's theory that law is simply a conscious product of the human will which tends to produce satisfactory solutions. To the people law is law because the State, reflecting their desires, has so willed. The people themselves as the authors of all constitutions and limitations and the final judges of their meaning and effect. The professional duty of jurists and legislators legislato rs is to embody the popular will.

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Savigny, the founder of histori cal school. The reality of law has its existence in common consciousness of the people.( Volkgiest) Spontaneous evolution evolution + natural spirit + Social pressure = The foundation of law Evolution in an organi c manner. Law has to support the ever changing practical needs of the people.

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Established patterns of behavior that can be objectively verified within a particular social setting. Considered to be the part of ¶Found Law·. The ground of authority for the common law is its status as longstanding and generally accepted custom. Customs corresponds to modern social notions of evolution of law. Hindu Marriage Act, 1955 ² Code of Manu

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Blackstone·s declaratory

theory states that the judge is not delegated to pronoun ce a new law, but to maintain mai ntain and expound the old one . Judges must decide not according to their own private  judgment but a ccording to the known laws and customs of the land . The impotence of legislatures in the fa ce of the restraints imposed by the Volksgeist foreshadows modern recognition of the social and psychological limits of effective legal a ction.

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Analytical school of law Austin·s sources of law Sovereign and supreme legislature is the author of all laws. Courts of law constitute a source of law as far as their decisions have binding character.

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Savigny did not oppose the introdu Savigny introduction of new laws, or even a new system of laws, but only obje cted to the proposed codification on the ground that there was great risk of the so-called natur al law, with its "infinite arrogance" and its "shallow philosophy" ruining such a scheme. The dual concern with analytical and historical school gave rise to a new discipline called comparative jurisprudence. Sir Henry Maine, propounded this new branch in the study of law which combines influence of the analogy of social evolution and highlights of the analytical school of law.