Historical School of Jurisprudence
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Search over 100 encyclopedias and dictionaries: Research categories Follow us on Twitter Historical School of Jurisprudence Encyclopedia of Philosophy | 2006 | Konvitz, Milton | 700+ words | Copyright HISTORICAL SCHOOL OF JURISPRUDENCE The historical school of jurists was founded by Friedrich Karl von Savigny (1779–1861). Its central idea was that a nation's customary law is its truly living law and that the task of jurisprudence is to uncover this law and describe in historical studies its social provenience. As in other schools of thought, acceptance of this approach did not necessarily mean agreement on its theoretical or practical consequences. Germany To followers of Savigny the identification of law with custom and tradition and the Volksgeist, or genius peculiar to a nation or folk, generally meant a rejection of rationalism and natural law; a rejection of the notion of law as the command of the state or sovereign, and therefore a disparagement of legislation and codification; and a denial of the possibility of universally valid rights and duties and of the individual's possession of nonderivable and inalienable rights. In positive terms, historical jurisprudence identified law with the consciousness, or spirit, of a specific people. Law is "found" by the jurist and not "made" by the state or its organs. Law is a national or folk and not a political phenomenon; it is a social and not an individual production; like language, it cannot be abstracted from a particular people and its genius; it is a historical necessity and not an expression of will or reason, and therefore it cannot be transplanted. … Read the rest of this article, courtesy of your local library Related newspaper, magazine, and trade journal articles from Questia (Including press releases, facts, information, and biographies) The Unrecognized Triumph of Historical Jurisprudence Magazine article from: Texas Law Review ...law] School, the Historical School, and the Analytical...nineteenth century the historical school was dominant over the other two jurisprudence schools.12 Natural law was...scholars have forgotten historical jurisprudence. Robert... The Origins of Historical Jurisprudence: Coke, Selden, Hale Magazine article from: The Yale Law Journal ...the Disintegration of Jurisprudence in the Nineteenth and...complemented the two major schools of legal philosophy that...eventually came to be called historical jurisprudence, or the historical school. It predominated in some... Towards Developing a a Natural Law Jurisprudence in the U.S. Patent System Magazine article from: Santa Clara Computer & High Technology Law Journal ...submitted that law and jurisprudence are inextricably connected...rights or natural law jurisprudence is concerned. (5...argue that despite its historical origins, and perhaps...development of a natural law jurisprudence. I will propose a...answered by any of these schools of thought and ... Delay in Process, Denial of Justice: The Jurisprudence and Empirics of Speedy... Magazine article from: Georgetown Journal of International Law ...INDIAN SPEEDY TRIAL LANDSCAPE A. The Jurisprudence B. The Empirics III. WHAT HAS BEEN DONE...than Professor Akhil Amar of Yale Law School. (1) In his work, Amar uses detailed, historical legal analysis to make a provocative argument... The Holy See, Historicity, and Humanitarian Intervention: Using Integrative... Magazine article from: Texas International Law Journal ...compromise: the Holy See. By proposing historical precedent as a third source of law that...which incorporates all three classical schools of legal theorypositivism, natural...intervention based on classical integrative jurisprudence. I. INTRODUCTION Atrocities inspire... Colonialism and Civilisation: The Impact of "Civilisation" Policies on... Magazine article from: Nebula ...facts at a particular historical point but is the product...continued to inform the jurisprudence under the First Amendment...subsidize missionary schools. Christianity (and...element of these religious schools curriculum. After the...denomination operated schools under the federal ... Historical Fiction: China's South China Sea Claims Magazine article from: World Affairs ...there is "plenty of historical and jurisprudence evidence to show...As far as the "jurisprudence evidence" is concerned...is invalid. The historical evidence, if anything...Beijing University's School of International... Putting Therapeutic Jurisprudence into Practice: The Growth, Operations, and... Magazine article from: Justice System Journal ...MHC). The article also discusses the historical and legal underpinnings of these courts...interpersonal relationships and lead to school and work failure as well as other troublesome...2004; Gamble and Brennan, 2005) . The historical and legal underpinnings of these courts... How the Constitutions of the ThirtySeven States in Effect When the... Encyclopedia.com > Premium Library Reference > Encyclopedia of Philosophy
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4/22/2015 Historical School of Jurisprudence Encyclopedia of Philosophy | Encyclopedia.com
http://www.encyclopedia.com/article1G23446800851/historicalschooljurisprudence.html 1/2
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Historical School of JurisprudenceEncyclopedia of Philosophy | 2006 | Konvitz, Milton | 700+ words | Copyright
HISTORICAL SCHOOL OF JURISPRUDENCEThe historical school of jurists was founded by Friedrich Karl von Savigny (1779–1861). Its central idea was that anation's customary law is its truly living law and that the task of jurisprudence is to uncover this law and describe inhistorical studies its social provenience. As in other schools of thought, acceptance of this approach did notnecessarily mean agreement on its theoretical or practical consequences.
GermanyTo followers of Savigny the identification of law with custom and tradition and the Volksgeist, or genius peculiar to anation or folk, generally meant a rejection of rationalism and natural law; a rejection of the notion of law as thecommand of the state or sovereign, and therefore a disparagement of legislation and codification; and a denial ofthe possibility of universally valid rights and duties and of the individual's possession of nonderivable andinalienable rights. In positive terms, historical jurisprudence identified law with the consciousness, or spirit, of aspecific people. Law is "found" by the jurist and not "made" by the state or its organs. Law is a national or folk andnot a political phenomenon; it is a social and not an individual production; like language, it cannot be abstractedfrom a particular people and its genius; it is a historical necessity and not an expression of will or reason, andtherefore it cannot be transplanted. …
Read the rest of this article, courtesy of your local library
Related newspaper, magazine, and trade journal articles from Questia(Including press releases, facts, information, and biographies)
The Unrecognized Triumph of Historical Jurisprudence Magazine article from: Texas Law Review ...law] School, the Historical School, and theAnalytical...nineteenth century the historical school was dominant over the other twojurisprudence schools.12 Natural law was...scholars have forgotten historical jurisprudence.Robert...
The Origins of Historical Jurisprudence: Coke, Selden, Hale Magazine article from: The Yale Law Journal ...the Disintegration of Jurisprudence in theNineteenth and...complemented the two major schools of legal philosophy that...eventually cameto be called historical jurisprudence, or the historical school. It predominated in some...
Towards Developing a a Natural Law Jurisprudence in the U.S. Patent System Magazine article from: Santa Clara Computer & High Technology Law Journal ...submittedthat law and jurisprudence are inextricably connected...rights or natural law jurisprudence isconcerned. (5...argue that despite its historical origins, and perhaps...development of a naturallaw jurisprudence. I will propose a...answered by any of these schools of thought and ...
Delay in Process, Denial of Justice: The Jurisprudence and Empirics of Speedy... Magazine article from: Georgetown Journal of International Law ...INDIAN SPEEDY TRIALLANDSCAPE A. The Jurisprudence B. The Empirics III. WHAT HAS BEEN DONE...thanProfessor Akhil Amar of Yale Law School. (1) In his work, Amar uses detailed, historical legalanalysis to make a provocative argument...
The Holy See, Historicity, and Humanitarian Intervention: Using Integrative... Magazine article from: Texas International Law Journal ...compromise: the Holy See. Byproposing historical precedent as a third source of law that...which incorporates all three classicalschools of legal theorypositivism, natural...intervention based on classical integrativejurisprudence. I. INTRODUCTION Atrocities inspire...
Colonialism and Civilisation: The Impact of "Civilisation" Policies on... Magazine article from: Nebula ...facts at a particular historical point but is theproduct...continued to inform the jurisprudence under the First Amendment...subsidize missionaryschools. Christianity (and...element of these religious schools curriculum. Afterthe...denomination operated schools under the federal ...
Historical Fiction: China's South China Sea Claims Magazine article from: World Affairs ...there is "plenty of historical and jurisprudenceevidence to show...As far as the "jurisprudence evidence" is concerned...is invalid. The historicalevidence, if anything...Beijing University's School of International...
Putting Therapeutic Jurisprudence into Practice: The Growth, Operations, and... Magazine article from: Justice System Journal ...MHC). The article also discusses thehistorical and legal underpinnings of these courts...interpersonal relationships and lead to schooland work failure as well as other troublesome...2004; Gamble and Brennan, 2005) . The historicaland legal underpinnings of these courts...
How the Constitutions of the ThirtySeven States in Effect When the...
Encyclopedia.com > Premium Library Reference > Encyclopedia of Philosophy
4/22/2015 Historical School of Jurisprudence Encyclopedia of Philosophy | Encyclopedia.com
http://www.encyclopedia.com/article1G23446800851/historicalschooljurisprudence.html 2/2
Magazine article from: Texas Review of Law & Politics ...regarded as a personal right.14 Thisoverlooks the crucial historical fact that certain sects, including the Baptists, regarded...thesepropositions was a "See generally" citation to Abington School District v. Schempp26 with nopinpoint citations.27The Court...
When History Mattered Magazine article from: Texas Law Review ...in the role that historical analysis played...it wastowards a jurisprudence of individualism...transition from historical to sociologicaljurisprudence around the turn...continuity among those schools.I. The Turn to...
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