Historical School

Historical School is considered law in direct

relationship to the life of the community and thus
laid the foundation on which the modern
sociological school has built.
The contribution of historical school to the problem of the boundaries of jurisprudence is that law
cannot be understood without an appreciation of the social milieu in which it has developed.

Law evolved, as did language, by a slow process and just as language is a peculiar product of the
nation’s genius. The source of the law is not the command of the sovereign not even the habits of
the community but the instinctive sense of right possessed by every race.
Historical School of Jurisprudence
-Rodes, Robert E.
Notre Dame Law School

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 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.