ASSIGNMENT – LEGAL METHOD

SUBJECT CODE: LLB 101

TOPIC – DEFINITION OF LAW BY SAVIGNY

Department Of Law Trinity Institute of

Professional Studies

Submitted to: Submitted by:

Assistant Prof. Mr. Amit Baisoya Bhumika Bisht
Roll No.: 70327903823 BA LLB 2023-2028
Semester: I Subject: Legal Method

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 ACCKNOWLEDGEMENT

I would like to express my heartfelt gratitude to all those who have contributed to the completion
of this assignment.

First and foremost, I extend my deepest appreciation to my professor, Mr. Amit Baisoya , for his
invaluable guidance and unwavering support throughout the duration of this project.

I am also grateful for the support and resources provided by Trinity Institue of Professional
Studies. The conducive academic environment has played a crucial role in the successful
completion of this assignment.

Finally, I am grateful to my family members, classmates and friends for proofreading my work
and catching several errors.

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 INDEX

S.NO TOPIC REMARKS

1 INTRODUCTION

2 MEANING OF LAW

3 DEFINITION OF LAW

4 JURISPRUDENCE

5 DEFINATION OF LAW BY
FRIEDRICH CARL VAN
SAVIGNY

1. INTRODUCTION
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The term “Law’ denotes different kinds of rules and Principles. Law is an instrument which
regulates human conduct/behavior. Law means Justice, Morality, Reason, Order, and Righteous
from the viewpoint of the society. Law means Statutes, Acts, Rules, Regulations, Orders, and
Ordinances from the point of view of the legislature. Law means Rules of court, Decrees,
Judgment, Orders of courts, and Injunctions from the point of view of Judges. Therefore, Law is
a broader term which includes Acts, Statutes, Rules, Regulations, Orders, Ordinances, Justice,
Morality, Reason, Righteous, Rules of court, Decrees, Judgment, Orders of courts, Injunctions,
Tort, Jurisprudence, Legal theory, etc.

2. MEANING OF LAW
Law is a complex and evolving system of rules and principles designed to regulate human
behavior within a society. It encompasses statutes, precedents, and legal norms that govern
relationships, protect individual rights, and maintain order. Law is enacted by legislative bodies,
interpreted by judicial institutions, and enforced by government authorities. It addresses diverse
areas such as criminal justice, contracts, property, and human rights. Legal systems vary
globally, reflecting cultural, historical, and political differences. The purpose of law is to
establish a just and orderly society, providing a framework for resolving disputes, protecting the
vulnerable, and balancing individual freedoms with collective interests.

3. DEFINITION OF LAW
It is very difficult to define the term law. Many Jurists attempted to define the term law. For the
Purpose of clarity, some of the definitions given by Jurists in different Periods are categorized as
follows:
(I) Idealistic Definitions: - Rule or body of rule made by institution, body and persons vested
with the power to make such rules which are binding and enforceable among the member of
state.
(II) Austin’s definition of law
According to Austin laws, the rules are defined for the guidance of intelligent beings by another
intelligent beings having power over them.
(III) H.L.A. Hart

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According to Hart Law is the combination of primary rules of obligations and secondary rules of
recognition.
(IV) John Erskine
Law is the command of a sovereign, containing a common rule of life for his subjects and
obliging them to obedience.
(V) Salmond
According to Salmond “the law may be defined as the body of principles recognized and applied
by the state in the administration of Justice. 1

4. JURISPRUDENCE
Jurisprudence refers to the philosophical study of law, exploring its nature, origins, and
principles. It encompasses the theoretical aspects of law, examining questions about justice,
rights, and the relationship between law and morality. Jurisprudence also delves into the
interpretation and application of legal concepts, aiming to understand the foundations of legal
systems and their impact on society.

The schools of jurisprudence are various theoretical approaches to the study of law that aim to
understand its nature, purpose and function in society. These approaches differ in their
fundamental assumptions about the law, the role of the state, the relationship between law and
morality, law and society and the source of legal authority.

Jurisprudence helps scholars, lawyers, and policymakers better comprehend the underlying
principles that guide the creation and enforcement of laws, contributing to the development and
improvement of legal systems.

Jurisprudential theories provide frameworks for interpreting and understanding laws. Different
schools of jurisprudence offer diverse perspectives on how laws should be interpreted and
applied.

1
https://law.uok.edu.in/

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There are five schools of jurisprudence :

Historical School of Jurisprudence

The historical school of jurists, which was founded by Friedrich Karl von Savigny (1779-1861),
is a school of thought that describes the origin of law. According to this school, the law was
found, not made. The historical school believes that law is made by people in response to their
changing needs and that it is an outcome of the development of society. The law originates from
the conventions, customs, religious principles and economic needs of the people. The basic
source of the historical school is custom.

What are customs?

Customs are defined as traditional and widely accepted ways of behaving or doing something
that is specific to a particular society, place or time. In the historical school, customs are
considered superior to legislation. The emergence of this school was due to its opposition to the
ideology of the analytical school of jurisprudence, as well as being a reaction to the natural
school of law.

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CHARACTERSTICS
1. Law is neither made by God nor made by man instead it is not made by anyone, it is
found.
2. Law is found in the common conscience of the people.
3. It is found in the customs, traditions and culture.
4. According to the jurist of this school, law is not universal. Where the culture is different,
Laws are different.

5..DEFINiTION OF LAW BY FRIEDRICH CARL VAN SAVIGNY

Friedrich Carl Van Savigny, a prominent legal scholar from the 19th century, believed that law is
a matter of unconscious and organic growth. His theory emphasized the influence of culture and
the character of the people on the evolution of law. Savigny’s theory also traced the course of the
evolution of law in various societies.

In his work "System of Modern Roman Law" (1840), Savigny provided a comprehensive
definition of law. Savigny says that law is not the product of direct legislation but is due to the
silent growth of custom or the outcome of unformulated public or Professional opinion. He says
that law is not as a body of rules set by determinate authority but as rules consist partly of social
habitat and partly of experience. He says law is found in Customs.

He emphasized that laws should arise organically from the historical and cultural context of a
society, reflecting the collective consciousness of its people. Savigny's views influenced the
historical school of jurisprudence, which stressed the importance of understanding the historical
development of legal systems to comprehend their true nature.

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Main Points of Savigny’s Theory
 Law is found, not made. It is a matter of unconscious and organic growth. Law is not
universal in its nature and varies with people and age.
 Custom precedes legislation and is superior to it. The law should always conform to the
popular consciousness.
 As laws grow into complexity, the common consciousness is represented by lawyers who
formulate legal principles. Lawyers remain only the mouthpiece of popular consciousness and
their work is to shape the law accordingly. Legislation is the last stage of law-making and
therefore, the lawyers or the jurists are more important than the legislators.2

2
https://lawbhoomi.com/schools-of-jurisprudence/

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 References

 https://law.uok.edu.in/
 https://lawbhoomi.com/schools-of-jurisprudence/
 https://www.britannica.com/biography/Friedrich-Karl-von-Savigny
 https://chat.openai.com/c/2a34486c-a384-4a12-b50c-9270de1a1428
 Jurisprudence By Law Success