1: Sevigny.

Introduction:
 He was the founder of historical school of thought by his concept of ‘spirit of people’.
 He was born on Feb-1779 in Germany.
 He got deeper knowledge of Roman law during his lifetime.
 He worked as a professor of University of Berlin in 1810.
 He was also appointed as Prussian Minister of Justice in 1848.
 He died in Oct-1861.

Body:
 He worked on the law of possession. And history of Roman law in middle ages. He also
gave system of modern Roman law.
 He gave the theory of volksgeist, to which if we dissect volks= people and geist=
common will. The man theme behind this theory was that law is an expression of the will
of people and it doesn’t come from deliberate legislation and it develop as the
consciousness of the nation arises. The core of this theory is that legal system of the
nation is mainly influenced by the historical culture and tradition of the people and its
growth was located in their acceptance.
 Jurisprudential view of this theory is that; law is the product of the people’s life living in
particular society and it is outcome of a culture in a society. This theory develop law over
the course of history.
 He further said that law develops like language in the nation, which not only binds people
but also grow with the development of the society. The development of both elements
goes hand in hand.
 History is proof of the fact that law is developed according to the preexisting manners in
the society and approved by the national character like language.
 Law is the continuous and unbreakable process bound by the common culture and beliefs
of the society it is not made within a day, it is developed by the continuous and regular
process.
 Sevigny was against the codification of law, he thinks that development of law should be
on the basis of the historical knowledge and not by the arbitral legislation.
Conclusion:
 This theory received several criticisms whereas, this theory was used to make brutal laws
against the Jews during the regime of Hitler in Germany.
 2: Sir Henry Maine.
Introduction:
 He was born on August-1882 and died on Feb-1888.
 He was a British jurist and historian.
 He is famous because of his thesis outlined in the Ancient Law.
 He was a Cambridge apostle.
 He was professor of Civil law and later on was appointed as reader in the Inns of Court.
Body:
 His first work was ‘Ancient law’ in 1861 and also wrote ‘village communities’, he also
wrote ‘early history of institution’ and ‘dissertation of early law and customs’.
 He proposed four stages of law. Namely; 1: law made by the ruler under divine
inspiration. 2. Customary law. 3. Knowledge of law in the hands of priests. 4.
Codification.
1. Law made by the ruler under divine inspiration:
 In past the king’s order was deemed as the law and that order was inspired by the God
and that was to be followed by the people of that community.
2. Customary law:
 The order of the king became habitual practice of the people which become customs of
the people including some practices which were continued over time and became
customary law.
3. Knowledge of law in the hands of priest:
 With time knowledge of customs and administration of customs were given in the hands
of priest of religious nature and they were known as the authority of the law.
4. Codification:
 This is the final stage of the development of law. It was discovered by the art of writing
and some scholars came and condemned the authority of the priest and advocated for the
codification of law because it is easily accessible.
 He also defined the types of societies and said that there are two types of the societies
namely; 1: Progressive society and 2: Static Society.
 He said that Static society is the one which only follow the above mentioned stages of
law and don’t go beyond the boundary of the four stages of law.
 He said progressive society if the one which steps out of the four stages of the
development of law and considers legal fiction, equity and legislation. Here legal fiction
means that law changes with the change in society without making any changes in the
letters of the law, this harmonizes the legal order but makes law difficult to understand.
Here equity means that body of rules existing by the side of original civil law and
founded on the distinct principles. It helps to remove rigidity and injustice. In today’s
time legislation is the best and most popular way to make laws after legislation law will
be enacted and become operative officially.
Conclusion: He gave the four stages of the development of the law and also gave the types of
societies.
3: John Austin.
Introduction:
 He was an English legal theorist born in 1790 and died on 1859 in UK.
 He served five years in army and also participated in Napoleonic war.
 He was supporter of the Analytical school of thought.
 He was much influenced by Jeremy Bentham who was his neighbor.
 He wrote the ‘Province of Jurisprudence determined’ and ‘Lectures on Jurisprudence’.
 His goal was to transform law into true science and he had view that law and morality are
two separate entities.
 He gave the concept of the legal positivism which means that law is made by the human
lawmakers.

Body:
 He divided law into two broad types; 1: Proper Law and 2: Improper Law.
 He divided proper law into two types; 1: Made by the God and 2: Made by man for man.
Is further divided into Positive law and Positive morality. Positive law is set by political
authorities.
 Further improper law is divided into two types; Law by analogy and law by metaphor.
 The main subject matter of the Analytical School of thought is, law made by the political
authority.
 Austin defines law as command of the sovereign backed up by the sanctions.
 Command: Command means a wish or desire conceived by one rational being to another
rational being who shall do or forbear.
 Sovereign: Sovereign means a superior person to whom nobody can interfere. It can be a
person or body of person to which a bulk of political society follows.
 Sanction: Sanction is the instrument of coercion by which any system of imperative law
is enforced. It is a physical force applied by state for the administration of justice. It is
wider sense of punishment.
Conclusion: following were some prominent work of John Austin.
4: John Salmond.
Introduction:
 Sir John Salmond was born in 1862 and died in 1924.
 He was a legal scholar, public servant and judge in New Zealand.
 He was author of ‘jurisprudence or theory of law’.
  Salmond said that jurisprudence is the science of civil law, by law he meant law of the
land or civil law.
 He argues that there is no law which is universal because jurisprudence is science of civil
law and it applies within definite territories only.
Body:
 In his definition of jurisprudence Salmond used following words. Law, civil law, and
science.
 The law means body of principles recognized and applied by the state in the
administration of justice.
 The civil law means law made by the state and this does not include international law.
 The science means that every law is based on certain fundamental principles and those
principles are common to all legal system.
 Salmond defined jurisprudence in two senses; wider and narrower.
 Jurisprudence in wider sense means the science of civil law and it includes body of all
legal doctrines.
 Jurisprudence in narrower sense means that macro or ideal principles which are basis
legal system of any country.
 Salmond divided jurisprudence into three kinds; systematic, historical and the science of
legislation.
 Systematic jurisprudence deals with the contents of an actual legal system, as existing at
any time (present or past).
 Historical jurisprudence is concerned with the legal system in its process of historical
development.
 Science of legislation deals the legal system and the purpose which it may serve or law as
it ought to be.
Conclusion: Following were the major works and contribution of the John Salmond.
5: Jeremy Bentham.
Introduction:
 Jeremy Bentham was born on 1784 and died in 1832.
 He was an English jurist, utilitarian, philosopher, and social reformer.
 He was supporter of the analytical school of thought.
Body:
 Some of the major works are ‘introduction to the principles of morals and legislation’,
‘limits of jurisprudence’ and ‘theory of the greatest happiness principle’.
 He opposed the idea of natural law and natural rights.
 He divided jurisprudence into two parts; 1: expository (what law is) and censorial (what
law ought to be).
  The expository is further divided into two parts; 1: Authoritative (derived from legislative
power) and 2: Unauthoritative (derived from text books on laws).
 He said natural law is so called law because it is not derived from the sovereign.
 He further said that all law were to be tested in terms of man’s greatest happiness.
 Law is to promote individual pleasure and decrease pain.
 By utility Bentham means create benefit, advantage, pleasure, good or happiness. This
proposes two premises; 1: belief in consequentialism and 2: maximization of happiness.
 He classified pain and pleasure. By pleasure he means; richness, reputation, friendship
etc. by pain he means; disease of all kinds, enmity, regret etc.
 He gave the theory of utilitarianism. In which he said that main function of law is to free
the individual.
 15 February 1747- 6 June 1832) was an English philosopher, jurist, and social reformer
regarded as the founder of modern utilitarianism.
 Bentham defined as the "fundamental axiom" of his philosophy the principle that "it is
the greatest happiness of the greatest number that is the measure of right and wrong."
 He became a leading theorist in Anglo-American philosophy of law, and a political
radical whose ideas influenced the development of welfares. He advocated individual and
economic freedoms, the separation of church and state, freedom of expression, equal
rights for women, the right to divorce, and (in an unpublished essay) the decriminalizing
of homosexual acts.
Conclusion: Following were some notable works of the Jeremy Bentham.
6: Holland.
Introduction:
 He was a British jurist and a professor in international law.
 His famous work is elements of jurisprudence.
Body:
 He defined jurisprudence as formal science of positive law. He mean that jurisprudence is
formal science rather than material science. Formal science focuses on fundamental
principles in law.
 Formal means something that concerns the form not its essence.
 By positive law he mean general rule of external human conduct enforced by political
authority.
 One of his outstanding work is elements of jurisprudence.
Conclusion: following were some notable contribution of Holland.
7: Charles Montesquieu (1689-1755)
Introduction:
 Montesquieu was a French philosopher and political theorist
Body:
 Best known for his work "The Spirit of the Laws" (1748), in which he developed the
concept of the separation of powers
 Montesquieu believed that the power of the state should be divided among different
branches, such as the executive, legislative, and judicial branches, in order to prevent the
abuse of power.
 For Montesquieu, the rule of law means that the use of political power is subject to the
formal constraint of standing rules that are codified in the positive laws of the land. It
means that no one is above the law and that the actions of the state must conform in a
consistent way to publicly known standards.
 Further he stated that the best form of government was one in which the legislative,
executive, and judicial powers were separate and kept each other in check to prevent any
branch from becoming too powerful
Conclusion: His ideas were highly influential in the development of modern democratic
government.
8: Karl Marx (1818-1883)
Introduction:
 He was a German philosopher, economist, historian, sociologist, political theorist,
journalist, critic of political economy, and socialist revolutionary.
Body:
 Best known for his work on socialism and communism
 Marx believed that the capitalist system was inherently unjust, and he advocated for the
establishment of a socialist society in which the means of production were owned by the
workers.
 Although Marx did not directly contribute to legal theory, his ideas have had a significant
impact on the development of legal systems in socialist and communist countries.
 His best-known titles are the 1848 pamphlet The Communist Manifesto and the four-
volume Das Kapital (1867–1883).
 There are three basic assumptions in the Marxist theories of law:-
 Firstly that law is the product of economic forces.
 Secondly, law is considered to be the tool of the ruling class to maintain its powers over
the working classes thirdly, that law will fade away in the future communist society.
Conclusion:
.9: Cicero
Introduction:
  He was a Roman statesman, lawyer, scholar, philosopher, and academic skeptic, who
tried to uphold optimeter principles during the political crises that led to the
establishment of the Roman Empire.
Body:
 He is known for his contributions to the development of natural law theory
 Which argues that there are certain fundamental principles of justice that are applicable to
all human beings.
 Cicero believed that the law should be based on reason and should promote the common
good, and he advocated for the protection of individual rights and liberties.
 In The Republic, Cicero argued that laws are not enough for a just state. There must be
liberty. "But if liberty is not equally enjoyed by all the citizens," he declared, "it is not
liberty at all." Therefore, liberty cannot exist unless "the people have the supreme power"
in government.
Conclusion:
 In Cicero's thought we can find the Stoic conception of Natural Law, i.e., that Law is
derived. From God, Nature (Universe) and Human Reason.
10: Plato
Introduction:
 Plato (428/427 BCE - 348/347 BCE) was an ancient Greek philosopher and student of
Socrates.
Body:
 He is known for his work "The Republic," in which he lays out his ideal society based on
the principle of justice.
 Plato believed that the law should be based on objective principles of justice and that the
role of the philosopher is to determine those principles and to guide society in their
implementation.
Conclusion:
11: Aristotle
Introduction:
 Aristotle (384-322 BCE) was an ancient Greek philosopher and student of Plato.
Body:
 He is known for his contributions to the development of natural law theory and his theory
of justice
  Aristotle believed that the law should be based on reason and should promote the
common good, but he also recognized the importance of individual rights and liberties.
 He argued that the role of the judge is to interpret the law in accordance with its intended
purpose and to ensure that justice is done in each individual case.
Conclusion:
12: The Stoics
Introduction:
 Stoicism is a school of philosophy that hails from ancient Greece and Rome in the early
parts of the 3rd century, BC. It is a philosophy of life that maximizes positive emotions,
reduces negative emotions and helps individuals to improve their virtues of character.
Body:
 They believed that the law should be based on reason and natural law, and that
individuals should live in accordance with nature and the natural order of the universe
 The Stoics believed that justice requires individuals to treat others fairly and to respect
their rights, and they advocated for the development of a just society based on these
principles.
 The concept of natural law originated with the Greeks and received its most important
formulation in Stoicism. The Stoics believed that the fundamental moral principles that
underlie all the legal systems of different nations were reducible to the dictates of natural
law.
Conclusion:
13: Roscoe Pound
Introduction:
 Roscoe Pound (1870-1964) was an American legal scholar and jurist.
Body:
 He is known for his theory of sociological jurisprudence, which argues that law should be
shaped by social needs and should evolve to meet the changing demands of society
 Pound believed that the law should promote social justice, and he advocated for the use
of alternative dispute resolution methods, such as mediation and arbitration, as a way of
resolving disputes outside of the formal legal system.
Conclusion:
14: Socrates (470–399 BC)
Introduction:
  Socrates was a Greek philosopher from Athens who is credited as the founder of Western
philosophy and among the first moral philosophers of the ethical tradition of thought.
Body:
 He said that law is the correct judgement of state. He adapted the theory of natural law
and stated that when state decrees are incorrect or if the legislation is unjust they are not
laws at all.
 As he was one of the key thinkers of ancient philosophy. Socrates held moral principles
and the truth in high regard
 Law, according to Socrates, “is a fruit of good thinking.” According to Socrates, a law is
evaluated by human insight, and reasonability is a factor in that evaluation that can also
be established by human understanding.
 He believed that moral is higher law. He was a rational thinker and believed in human
insight.
 According to Socrates man has own insight which tells him what is right and what is
wrong. Human should act in accordance with his insight.
Conclusion:
15: Plutarch
Introduction:
 Born around 46 CE to 119 CE.)Was a first-century Greek academic and writer.
Body:
 His work influenced notable authors and scholars, including William Shakespeare and
Francis Bacon.
 He authored over 200 works, including essays, speeches, histories and biographies.
 Plutarch's best-known work is the Parallel Lives, series of biographies of illustrious
Greeks and Romans.
 He supported the "Stoic" view and focused on the principles of reality and the role of the
soul in the world's generation he also wrote famous book "Parallel lives".
 The Stoics believed that our wealth, status, power, possession and stature are neither
good nor bad, and they have no social importance with respect to our relationships with
one another. We are equals.
Conclusion:
16: Lenin
Introduction:
 Vladimir Lenin (1870---1924) founder of the Russian Communist Party and political
leader who played a significant role in shaping school socialist jurisprudence in the
Soviet Union.
Body:
 Lenin believed that education was essential for building a socialist society and creating a
new type of citizen.
 One of the key policies implemented by Lenin was the establishment of a centralized
education system. He believed that teachers played a critical role in shaping the attitudes
and beliefs of students.
Conclusion:
17: Hans Kelsen
Introduction:
 (October 11, 1881 – April 19, 1973) was an Austrian jurist, legal philosopher and
political philosopher.
 He was the author of the 1920 Austrian Constitution.
Body:
 He gave a theory Pure Law Theory By “pure” he meant that a theory of law should be
logically self-supporting and should not depend on extra-legal values.
 Among Kelsen’s later books are General Theory of Law and State (1945) and The Law
of the United Nations.
 He also gave the theory of legal positivism which says that if change is not coming forth
by democratic ways then by military coup or by force you can bring change in the system
of country.
 This theory was used by the Supreme Court to legalize martial law in Pakistan.
Conclusion:
18: Ulpian. (70-288 AD)
He was a Roman jurist born in Tyre .[ He was considered one of the great legal authorities of his
time and was one of the five jurists upon whom decisions were to be based according to the Law
of Citations of Valentinian III.
Ulpian a Roman Jurist defines jurisprudence as “Jurisprudence is the knowledge of things divine
and human, the science of just and unjust.

19: Sir William Blackstone

(1723 –1780)

He was an English jurist, judge and Tory politician of the eighteenth century. He is most noted
for writing the Commentaries on the Laws of England.
Blackstone's meaning is simply that no human law has any moral validity or force against a
natural law, and that no human law can affect the content of a natural right as such.
He evidently regarded the law of England as the rules of action or conduct imposed by a superior
power on its subjects. He propounded the doctrine that municipal laws derive their validity from
their conformity to the so-called law of nature, or law of God.