Question

Compare and contrast theories of savigny and henry maine

Answer 1

1.
Law is the command of the sovereign (created by sovereign).
Law is found & not made.
2.
Law is enforced by the sovereign.
Law is independent of political authority & its enforcement.
3.
Example of typical law is statute. Custom isn’t law, until its validity has been established by a judicial decision/by an Act of legislature.
Example of typical law is custom. Custom is law by itself. It does not require State recognition to become a law.
4.
Force of politically organised society is the basis of law.
Law rests on the social pressure.
5.
Judges find themselves to interpretation of statute.
Judges to consider only history of legislation.
6.
Applicable to developed countries – matured legal systems.
Applicable to developing countries – primitive legal institutions of society.

Answer 2

Answer:

The correct answer to this question is law and codification.

Explanation:

Given - Savigny and henry maine.

To Find - Compare and contrast theories of savigny and henry maine

The law professor of the English Historical School was Sir Henry Maine. He was more reasoned and accepted the idea of law and codification. The founder of the historical school was Savigny. He claimed that law has a national character and is similar to language.

Codification in law is the procedure of compiling and restating a jurisdiction's legislation in specific areas, often by subject, to create a legal code, sometimes known as a codex  of law. One of the characteristics that distinguishes civil law regimes is codification. One way to codify is to arrange photographs chronologically. To arrange, collect, organise, and systematise the statutes, or the full body of law , of a nation or a state, or the statutes or the body of law pertaining to a specific area of law into a code.

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