Historical School in Jurisprudence - Puchta, Sir Henry Maine

Sir Henry Maine and Georg Friedrich Puchta were key figures in the historical school of jurisprudence, which argues that law evolves from customs and the "spirit" of the people rather than being created by a legislature. Maine, an English jurist, saw law develop through four stages and is famous for his "status to contract" theory, while Puchta built on Savigny's work by emphasizing the equal importance of both individual and state contributions to the law.
Sir Henry Maine
Founder of the English Historical School: He was the English counterpart who carried Savigny's ideas forward in England.
"Status to Contract" Theory: Maine's famous observation that progressive societies move from a static social structure based on status to a more dynamic one based on individual contracts.
Four Stages of Law: He described the development of law in four stages: divine commands, customary law, specialized legal knowledge, and codification.
Embraced Codification: Unlike Savigny, Maine favored the codification and legislation of law.
Georg Friedrich Puchta
Improved on Savigny's Ideas: He built upon the work of Friedrich Carl von Savigny, the "father of the historical school".
Shared Source of Law: Puchta argued that both the will of the individual and the will of the state are equally important and are sources of law, adding a dual perspective to Savigny's focus on the "Volksgeist"

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