Orphaned at thirteen, without parents or siblings, the boy was raised by his father’s best friend, a prominent German attorney and government official who, from the age of 15, plunged Savigny and his own son “into a terrible course [of education], comprising the science of law, natural law, international law, Roman law, and German law”—an experience Savigny’s chroniclers compare to John Stuart Mill’s über-rigorous schooling. (a) Kelsen (b) Maine (c) Blackstone. Thanks! The jurists Charles Loyseau (1564–1627) and Cardin Le Bret (1558–1655), for example, eliminated Bodin's view that the sovereign should normally obtain consent to taxation in their respectiv… Another criticism of this theory of law is the fact that it is not at all times that customs are fair and just. Herder’s Volksgeist is a manifestation of the people; it animates the nation. Great job Some people just don’t contravene the law because it is their nature. For example, in the case of Ojukwu vs Governor of Lagos State, the action of the Military governor in evicting the defendant off his property without following due process was held to be ultra vires and null and void by the court. When it did, its historical orientation was in marked contrast to the revolutionary and rationalistic character of the Code Napoléon. He also taught the Crown Prince, subsequently King Frederick William IV of Prussia. For Savigny, German law was an expression of the Volksgeist of the German people. From the Cambridge English Corpus. J. S. Mill propounded the theory of reciprocal demand or the law of international values to explain the actual determination of equilibrium terms of trade. TO PROPOUND. According to them, law is a unified branch of knowledge, no matter whether it … Popular sovereignty is the principle that the authority of a state and its government are created and sustained by the consent of its people, through their elected representatives (rule by the people), who are the source of all political power. As Jewish law professor Milton R. Konvitz noted: His massive work on Roman law in the Middle Ages became the source of subjects for countless historical monographs. I appreciate a lot. Today national civil codes are prevalent almost everywhere in continental Europe. Suppose, for example, that a new law isenacted by the California legislature. Unfortunately, any new Pan-European laws promulgated by existing elites will be deeply inimical to white racial survival and fundamental human rights. (1850), and The Law of Contracts (Das Obligationenrecht), 2 vols. Pres… Law is only properly understood in the light of past and present history, and reflects the inner convictions of Volk psychology and shared moral values. According dictionary definition of Law, it means a rule established by authority or by custom. PAPER-LEGAL THEORY PART-I . Rather, ancient tribal laws evolved pragmatically and were passed down through generations by word of mouth. In France it was absorbed into the prevailing doctrine that kings were appointed by God and responsible to him alone, but its juristic elements remained important and were even strengthened in some respects. The only legitimate governments are those that develop naturally among particular nations and reflect, in their differences from other polities, the cultures of the people they govern. Sociological school and historical school Legal institutions and values, like music, art, or language, are an indigenous expression of the culture. Law is the natural moral product of a people . But in the Nigerian situation, we are not sure if it is the people that provided the constitution or the military government. It’s really a knowledge packed work! Natural law theory is the earliest of all theories. One of the criticisms against this school is that it doesn’t specify a specific method for balancing the interest of the individual and community. Instead of trying to discover true principles of law from man’s nature, as the French did . This theory of law has been criticised because it posits that a law is valid if it satisfies the requirement of being backed by a higher norm. For example, the provisions contained in Chapter II of the 1999 Constitution which deals with the fundamental and directive principles of state policy is not binding on the government of the Nation. Sociological jurisprudence a part of sociology (the science of social order and progress) predicts and prescribes social behaviour, led to the distinction between a legal sociologist and sociological jurist. However according to S.387 and 388 of the Penal Code, which operates in Northern Nigeria, adultery is an offence. Thank you sir There is clear cut separation of law and morals 7. The Volk, in other words, is the family writ large. Historically, there has been a disjunction between the civil law systems of continental Europe and the common law systems characteristic of England and the English-settled countries. For more, see his work – General Theory of Law and State (1945). Judge and advocates, all together, engage in the search. He states that the law is a ‘normative science’. 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