LEGAL PHILOSOPHY Introduction: Please focus your attention on this short video presentation

http://www.youtube.com/watch?v=jsGzBJ8H3FM Slide 2 From the presented clip we now find whether there exits a connection with The Historical Perspective of law. Historical Jurisprudence is preceded by the teleological school of jurisprudence, there are good reasons for starting with the historical approach to study the nature of the law. Freidrich Karl vn Savigny held that the law proceeds from the volksgeist. Volsgeist: The spirit of the time; the taste and outlook characteristic of a period or generation Volksgeist is a German loanword (literally meaning "spirit of the people") for a unique "spirit" possessed collectively by each people or nation. The idea has its origins in the Romantic era and was proposed by Johann Gottfried Herder. Herder used this to create cultural sentiments on the people of Germany. Thus, the concept of the natural law again attracted the attention of legal philosophers and jurisprudents. Slide 3 Professor Julius Stone for example has even abandoned the category of historical jurisprudence in his work. However, it is by no means suggested that the historical view of the nature of the law has lost its value too. Slide 4 Its not easy to say how this social order was established. (Bullet 2) In such manner, the ways of life of the people were developed and passed from generation to generation. And In time a body of precepts crystallized. (Bullet 3) The advances in the social and political life of the people continues until the people developed into a body politic welded together by common centers of interests and purposes to which the people submitted themselves with one accord. Slide 5 The nature of the law and its commitant problems cannot be understood without reference to or appreciation of the socio-political phenomenon in which the law has grown. Slide 6 Slide 7 Thibaut felt strongly that the French experience could also happen in the codification of the civil laws of the different Germanic Provinces. The seedbed of the law given by Maine is not quite adequate to explain in the different treasuries of the folksoul and hence, incomplete to contain jural and nonjural materials of a group of people. It fails to take into account the other vital aspects of the national character and genius of a people.

Slide 8 The distinct faculty to form ideas and concepts, they needed language as a means of communicating their perceptions to others. They began to articulate themselves by means (read bullet #2 and #3) The national character and intelligence of a group of people first emerged and under what conditions they flourished. All that can be done in this regard is to have a feel for this point in the peoples existence and evaluate its significance on the legal order.