The question (15 marks)
Explain the basic tenets of the historical school and Savigny's Volksgeist theory, and examine the criticisms made of it. (15 marks)
MU Module 3, heads on the historical school - Savigny, Puchta and Maine.
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 3 · Schools of Jurisprudence of Jurisprudence / Legal Theory.
Authorities you will need
- Von Savigny, on the Volksgeist
- Montesquieu, Grotius and Burke
- Sir Henry Maine and Puchta
- Otto von Gierke, on human association
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.