Law as a Manifestation by Savigny

About Savigny:
1) Forerunners of Savigny, Schelling & Hugo.
2) He rejected natural law on the basis of it being an
abstract principle of human resource.
3) Main exponent & propounder of the ‘Historical School’.
4) Historical perception of law evolves around
customs, traditions, cultures & sentiments of the people.
5) Dr. Allen described him as ‘Darwanian before Darwin’
6) The consequence/criticism of this ideology
a) Nazis reasoned with Racial colour
b) Italy justified Fascism
1. Savigny’s contribution in Historical School

2. Massood
1. He was recognised by the Khalifa.
2. He was issued a written oath of allegiance which he signed.
3. This signing of the oath brought out the legal subordination of the Sultan
and recognized the supremacy of Khalifa.
4. The Ghaznis were succeeded by the Ghor Dynasty.

3. Ghor Dynasty
1. They were amongst the first rulers who issued coins. The coins had the
name of Khalifa and the ruler inscribed on them.
2. The Ghor rulers received ‘Robes of Honour ’ from the Khalifa and the
Sultan assumed the title of Nasir-amir-ul-momin meaning the helper of
Khalifa
3. The ghors were succeeded by Qutub-Din-Aibak.

4. Qutub-Din-Aibak
1. He received the letter of recognition from the Khalifa.
2. He was succeeded by Iltutmish.
5. Iltutmish
1. He received explicit recognition from the Khalifa.
2. The Khalifa sent emissaries in 1229 to formally recognize the newly found
empire with ‘Robes of Honour’.
3. The coins had the name of Khalifa inscribed on coins in Hindi so that
people would recognize the Khalifa.
4. This also highlighted the fact that the land was under Muslim world i.e.
Dar-us-Islam

6. Balban
1. There was a major change in concept of Kingship under the rule of Balban.
2. He assumed himself to be Zillulah (The shadow of God) to show
superiority over his nobles and kept distance from the nobles
3. He claimed himself to be a descendant of the Iranian hero ‘Afrasayab’.
He emphasized that the ruler should be regarded as a source of ‘Justice’
4. He emphasized court etiquettes to reflect the power of ruler.
5. He taught obedience and submissiveness to his subjects
6. He removed the say of the ulema (Theologians) from the state policies.
7. He introduced practices like Paibos (Kissing the feet of monarch) and
Nawroz (New Year). These were celebrated to raise the prestige of royality.
8. He believed that the heart of a ruler reflects the glory of god.
9. He believed Kingship is no ordinary affair and should be done responsibly.
10. He believed a ruler should act in a manner that is appreciated and receives
due recognition.
11. He believed that king was the ruler who with his glory & prestige removes
vices.
 12. The ruler should maintain dignity both in private & public life.
13.Bravery & kingship are twins and king should have high ambitions of
sovereignty.
14. Army and Treasury are the two pillars of Kingship without which
Kingship is not possible.
15. In order to assert him, he destroyed a group of 40 Nobles called
‘Turkane-e-Chahalgami’.They used to act as the King maker group.
16. He believed that a strong ruler should not have a strong wazir. The power of
Wazir was reduced under his rule.
17. He believed that the king should not tolerate any dishonor or humiliation, he
should dominate the military and official machinery throughout his reign.

7. Khilj Dynasty
1. They believed that the Kingship is mainly based on Military Power &
Force.
2. They believed that Kingship is not a monopoly of any privileged class but
it was within the ability of all those who had the capability to rule.
3. They believed that Kingship could even exist without the support of
religious class as the ruling class has a completely different outlook.

8. Alauddin Khilji
1. He revived the prestige of the Balban’s Court.
2. He assumed the title of Namir-ul-ami-momin but later on also added the
title of Yamin-ul-Khilafat (The right hand of Khalifa).
3. His nobles referred to him as Khalifa but he himself hesitated.
 4. He believed that the state should look after it’s own interest rather than
religious interests.

9. Qutubudin-Mubarak-Shah
1. He was the first nominated successor.
2. He proclaimed himself as Khalifa and called himself ‘The Great Imam’.
3. He also proclaimed himself as the Commander & Pole Star of the world.
4. He once again made Delhi Sultanate independent of Khalifa by not
recognizing it.
5. He was overthrown by Gyassudin Tughlaq.

10. Gyassudin Tughlaq

1. He came to power with the support of religious class.
2. He championed the cause of religion.
3. He gave importance to the Khalifa.
4. He assumed the title of Nasir-ul-amir-momin.
5. His Kingship concept was based in reason & he emphasized the importance
of sovereignty.
6. He believed that power & functioning should be carried out with utmost
sincerity.
7. He was succeeded by Mohammad-Bin-Tughlaq.

11. Mohammad-Bin-Tughlaq
1. The idea of legally independent state appealed to him.
2. The coins had no reference of the Khalifa, but only referred to the name of
the ruler & certain verses from Quran.
 3. He tried to make his territory independent from the caliphate.
4. He adopted various policies & each of them failed. He seeked help from
his teacher Qutlugh Khan, he was told that no monarchy could prosper
without the support of religious cause.
5. He issued the name of Khalifa on the coins in 1344, and congregation
prayers started on every Friday.
6. He took the oath of allegiance & revived the supremacy of the Khalifa &
asked for recognition.
7. The Khalifa’s name was read in Khutba i.e. the Friday morning prayer.

12. Feroze Tughlaq

1. He continued with the former policies.
2. He received a letter of recognition from the Khalifa.
3. The coins were inscribed with the name of Khalifa.
4. They were replaced by the ‘Saiyyads’

13. The Sayyayid Dynasty

1. Sayyayids called themselves the lieutenant of the conqueror.
2. The name of Ruler was read in the Khutba as they did not recognize the
Khalifa.

14. The Lodhi Dynasty

1. They revived the position of Khalifa.
2. They again assumed the title of Nasir-ul-amir-momin.
15. The Mughals
1. Under the ruler, Akbar, the stat e become a legal sovereign.