HISTORICAL LAW SCHOOL

February 13, 2023
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Since laws have such a profound impact on daily life, it is only logical to consider how they are applied in a social context. The “functional approach” to law (Historical and Sociological Schools) emphasises how actual social circumstances shape the law and legal institutions and emphasises how people behave in groups rather than as individuals.

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Rise of Historical School The legal theories advanced by analytical positivists (since they did not satisfy the requirements of the people) and natural law theorists gave rise to the historical school of thought. Ubi societas ibi lex, or “where there is society, there is law,” is the school’s motto. The historical method is simply the idea of adaptation being applied to human organizations and cultures, as Sir Fredrik Pollock correctly observed.

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