Historical School vs. Socialist School of Jurisprudence

Abstract

Historical school and socialist school are inverse in nature because historical school accepts social, norms, values, custom, traditions, rites and rituals whereas socialist school rejects such instruments and supports communist doctrine and manifesto. Law is not made but found is the concept of historical jurisprudence whereas law is the instruments of exploitation by bourgeois people against proletariat people is the concept of socialist school. However, Karl Marx follows dialectical historical materialism, which resembles with the tradition of historical jurisprudence. Moreover, Neo-Marxist argues that state apparatuses are working as the instrument of false consciousness. Conversely, if we look at historical jurisprudence, Friedrich Carl Von Savigny, Montesquieu, Georg Friedrich Puchta, Sir Henry James, Sumner Maine, Herbert Spencer and Hegel are the supporters of historical jurisprudence. Yet, Savigny and Main had major contribution in historical jurisprudence. Savigny supports spirit of people and Roman law and Maine supports law in traditional society i.e. traditional command, custom and codification whereas Progressive society adapts legal fiction, equity and legislation which changes status to contract. Oppositely, Karl Marx, Frederic Engels, Evgeny Pashukanis, Karl Renner, Antoni Gramsci and Frankfurt school are the supporter of socialist tradition in law. As Marx classifies mode of production as primitive communal society, slave mode of production, feudal mode of production, capitalistic mode of production, socialist mode of production and communism, which resembles with the evolutionary historical method of analysis. And, Marx classifies reactionary socialism; feudal socialism, petty-bourgeois socialism, German or true socialism; conservative or bourgeois socialism, critical-Utopian socialism and communism. However, many country of the world follows democratic socialism with the concept of welfare state, which even accepts custom, traditions, rites and rituals religion, which is different than Marxist socialism.