Banaras Hindu University

Subject: - Jurisprudence

Topic: - Application of Volksgeist theory in India

Submitted To:
Dr. Shailendra Gupta

SUBMITTED BY: Himanshu Chaudhary

ENROLLMENT NO: 372209

EXAM ROLL NO: 14137LA050

FACULTY OF LAW, BHU, VARANASI

Date:-
2 | Application of Volksgeist theory in India

Acknowledgement
It was a great pleasure for me to prepare a project in one of the most important
topic of the Jurisprudence while dealing with the topic “Application of Volksgeist theory in
India”

I came across many points related to it and tried my best to express it in this
project. This project is mainly focus on Meaning, definition, concept of
volksgeist theory and its application in India. I have made special endeavors to
present the subject matter in the simple, systematic and lucid manner.

I am grateful to all those who helped me in writing the project, without their
help, it was not possible to complete this project. I am also grateful to Dr.
Shailendra Gupta for giving me to prepare and present this topic.

Thank you
Himanshu Chaudhary
3 | Application of Volksgeist theory in India

Content
1. Introduction……………………………………………………………………………… 4
2. Volksgeist theory…………………………………………………………………... 5 - 7
3. Application of Volksgeist theory…………………………………........... 8 -12
4. Criticism Against Savigny’s Theory of Law ………………………….. 13 -15
5. Conclusion ………………………………………………………………….............. 16
6. Bibliography …………………………………………………………………………... 17
4 | Application of Volksgeist theory in India

1. Introduction
Volksgeist is a part of historical studies which law is defined as a product of times the germ
if which like the germ of the state, exists in the nature of men as being made for society and
which develops from this germ various forms, according to the environing influences which
play upon it. Law grows with the growth a d strengthens with the strength of the people,
and finally dies away as the nation loses its nationality.

The Volksgeist theory was coined by Von Savigny (1778-1861) which the nature of any
particular system if law was a reflection of the spirit of the people who evolved it. This was
later characterized as the Volksgeist by Puchta, a disciple of Savigny.

In respect of this theory, all laws are manifestation of common consciousness. The broad
principles of the system are to be found in the spirit of the people and they must manifest
themselves in customary rules. Law is a matter of unconscious of growth. Any law-making
should follow the course of historical development. Custom not only precedes legislation
but is superior to it. Legislation should always conform to the popular consciousness.

Law is not of universal application, by which it varies with peoples and ages.
The Volksgeist cannot be criticized for being what it is. It is the standard by which laws,
which are the conscious product of the will as distinct from popular conviction, are to be
judged. And individual jurist may misapprehend the popular conviction.

Savigny rejected natural law. To him, a legal system was a part of the culture of people. Law
was not the result of an arbitrary act of a legislator but it was developed as a response to
the impersonal powers to be found in the people’s national spirit. In respect to this view,
law is the product of the Volksgeist which can be defined as the national spirit or the genius
of the people. It is not of the universal application as each people develop its own legal
habits according to its environment. Law is found and not made as it develops as a matter
of unconscious and organic growth. Custom is the main source of law and it precedes
legislation. The view of Savigny was that the Volksgeist formulates only the rudimentary
principles of a legal system and could not provide all the necessary details. Therefore, as
society becomes more complex, a special body of persons is called into being whose
business it is to give technical, detailed expression to the Volksgeist in the various matters
with which law has to deal. That body of person consisted of the lawyers whose task was to
reflect accurately the prevailing Geist.
5 | Application of Volksgeist theory in India

2. Volksgeist theory
Volksgeist (also Volksseele, Nationalgeist or Geist der Nation, Volkscharakter, and in
English “national character”) is a term connoting the productive principle of a spiritual or
psychic character operating in different national entities and manifesting itself in various
creations like language, folklore, mores, and legal order.1

According to Savigny, the nature of any particular system of law was the reflection of the
“spirit of the people who evolved it”. This was later characterized as the Volksgeist by
Puchta, Savigny‟s most devoted disciple.2 Hence, in a simple term, Volksgeist means the
general or common consciousness or the popular spirit of the people. Savigny believed that
law is the product of the general consciousness of the people and a manifestation of their
spirit. The basis of origin of law is to be found in Volksgeist which means people’s
consciousness or will and consists of traditions, habits, practice and beliefs of the people.
The concept of Volksgeist in German legal science states that law can only be understood as
a manifestation of the spirit and consciousness of the German people.3

As already discussed, his theory served as a warning against hasty legislation and
introduction of revolutionary abstract ideas on the legal system unless they mustered
support of the popular will, Volksgeist.

Savigny’s central idea was that law is an expression of will of the people. It doesn’t come
from deliberate legislation but arises as a gradual development of common consciousness
of the nation.4 The essence of Savigny’s Volksgeist was that a nation’s legal system is greatly
influenced by the historical culture and traditions of the people and growth of law is to be
located in their popular acceptance. Since law should always confirm to the popular
consciousness i.e. Volksgeist, custom not only precedes legislation but is also superior to it.
To him, legal system was a part of culture of a people. Hence, law wasn’t the result of an
arbitrary act of legislation but developed as a response to the impersonal powers to be
found in the people’s national spirit.

Laws aren’t of universal validity or application. Each people develop its own legal habits, as
it has peculiar language, manners and constitution. He insists on the parallel between

1. http://www.jahsonic.com/Volksgeist.html
2. Dias RWM, (n6) pg. 378
3. Mathias Riemann, The Historical School Against Codification: Savigny, Carter, and the Defeat of the New York Civil Code, 37
AM. J. COMP. L. 95, 97-98 (1989). Cited in http://www.law.fsu.edu/journals/transnational/vol11_2/knudson.pdf.
4. Doherty Michele, Jurisprudence: The Philosophy of Law, 2nd ed., Old Bairy Press, London, p.g. 233
6 | Application of Volksgeist theory in India

language and law. Neither is capable of application to other people and countries. The
Volksgeist manifests itself in the law of the people: it is therefore essential to follow up the
evolution of the Volksgeist by legal research.5 The view of Savigny was that codification
should be preceded by “an organic, progressive, scientific study of the law” by which he
meant a historical study of law and reform was to wait for the results of the historians.6

Savigny felt that “a proper code [of law could only] be an organic system based on the true
fundamental principles of the law as they had developed over time.”7Savigny’s method
stated that law is the product of the Volksgeist, embodying the whole history of a nation’s
culture and reflecting inner convictions that are rooted in the society’s common
experience.8 The Volksgeist drives the law to slowly develop over the course of history.
Thus, according to Savigny, a thorough understanding of the history of people is necessary
for studying the law accurately.

In the words of Savigny,

In the earliest times to which authentic history extends the law will be found to have
already attained a fixed character, peculiar to the people, like their language, manners, and
constitution,. May, these phenomena have a separate existence, they are but the particular
faculties and tendencies of an individual people, inseparably united in nature, and only
wearing the semblance of distinct attributes to our view. That which binds them into one
whole is the common conviction of the people, the kindred consciousness of an inward
necessity, excluding all notion of an accidental and arbitrary origin.9

Thus, in view of Savigny, law, like language, is a product not of an arbitrary and deliberate
will but of a slow, gradual, and organic growth.

Similarly, he also states that “The foundation of the law has its existence, its reality in the
common consciousness of the people. We become acquainted with it as it manifests itself
in external acts, as appears in practice, manners and customs. Custom is the sign of positive
law.”- Savigny.10

5. Friedmann W., Legal Theory, 5th ed., Universal Law Publishing Co. Pvt. Ltd.,Delhi,2002, p.g. 213.
6. Mahajan VD, (n 7) pg.567
7. FREDERICK CHARLES VON SAVIGNY,ON THE VOCATION OF OUR AGE FOR LEGISLATION AND JURISPRUDENCE (Abraham
Hayward trans., Arno Press 1975) (1831).
8. JOHN P. DAWSON, THE ORACLES OF THE LAW 196, 198-201, 203, 206-07, 227-28, 231, 240-41, 450-52, 454-60 (1968). Cited
in http://www.law.fsu.edu/journals/transnational/vol11_2/knudson.pdf
9. On The Vocation On Our Age For Legislation and Jurisprudence, trans. A. Howard (London, 1831) p24 cited in Bodenheimer
Edgar, Jurisprudence: The Philosophy and Method of the Law, Rev. ed, Universal Law Publishing Co. Pvt. Ltd, Delhi, 2006, pg, 72
10. Lamsal Narayan Prasad, Bidhisastra, 7th ed., Pairawi Prakasan, Kathmandu 2063, p.g. 38.
7 | Application of Volksgeist theory in India

Hence, Savigny clearly believes custom as the source of law and Volksgeist (common
consciousness) as the ultimate foundation of any legal system.
8 | Application of Volksgeist theory in India

3. Application of Volksgeist theory in India

Historical jurisprudence is marked by judges who consider history, tradition, and custom
when deciding a legal dispute. It views law as a legacy of the past and product of customs,
traditions and beliefs prevalent in different communities. It views law as a biological
growth, an evolutionary phenomena and not an arbitrary, fanciful and artificial creation.
Law is not an abstract set of rules imposed on society but has deep roots in social and
economic factors and the attitude of its past and present members of the society. The
essence of law is the acceptance, regulation and observance by the members of the society.
Law derives its legitimacy and authority from standards that have withstood the test of
time and is grounded in a form of popular consciousness called the Volksgeist. Kant
emphasized that custom is the most important source of law and co-related the
development of society with that of law. He further stated that law develops with society
and dies with society. To him, legal system was a part of culture of a people. Hence, law
wasn’t the result of an arbitrary act of legislation but developed as a response to the
impersonal powers to be found in the people’s national spirit.

Laws aren’t of universal validity or application. Each people develop its own legal habits, as
it has peculiar language, manners and constitution. He insists on the parallel between
language and law. Neither is capable of application to other people and countries. The view
of Savigny was that codification should be preceded by “an organic, progressive, scientific
study of law” by which he meant a historical study of law and reform was to wait for the
results of the historians.

Savigny felt that “a proper code [of law could only] be an organic system based on the true
fundamental principles of the law as they had developed over time.” Savigny’s method
stated that law is the product of the Volksgeist, embodying the whole history of a nation’s
culture and reflecting inner convictions that are rooted in the society’s common
experience. The Volksgeist drives the law to slowly develop over the course of history.
Thus, according to Savigny, a thorough understanding of the history of people is necessary
for studying the law accurately.

Savigny over-emphasized on the importance of customs and neglected the role of

legislatures in his theory. Though custom is recognized as an important source of law both
at national and international platform however custom cannot be the only source of the
law. Customs need not necessarily be always right. In India, the initial practices were
inequality between men and women, sati practice and child marriage; however over the
9 | Application of Volksgeist theory in India

development of society such constrains were removed from the society. "Hindu law has
always been to a great extent customary." "The Code of Manu" was in force in India, Burma
and Siam. Sruti, i.e. what was heard, was source of law par excellence and might be
referred to as the formal source of law. Smriti, i.e. the recollections stand `next in order.
Custom follows the next. The Parishads, Puranas, Mimansa etc. come after them. Hence,
custom was an important source of law in ancient India. ‘"Whatever custom, practices and
family usages prevail in a country shall be preserved intact, when it comes under subjection
by Conquest." To quote Manu, the custom" which has come down by immemorial tradition
and obtains among the castes pure and mixed, is called approved usage." The Sage, Devala
who has been cited in Parasar-Madhava, holds that whatever customary law is prevalent in
a district, city, town, village among the learned, the said law though contrary to smritis
must not be disturbed. Hence, in certain cases the weight of customary law was found
more than the written text of smritis, the formal law. From this, the doctrine of "Factum
valet" has come which means, "For tact cannot be altered by a hundred texts."

The Hindu law of succession and inheritance which ultimately got codified in the form of
Hindu Succession Act, 1956, was substantially based on the customary law of Dayabhaga
and Mitakshara School. Section 2 (2) of both Hindu Succession Act, 1956 and Hindu
Marriage Act, 1 955 leaves open the door or tribal customary laws. The Hindu Succession
Act. 1956 and Hindu Marriage Act. 1955 do not apply to the tribals. So there is importance
of Hindu Marriage customs. The custom of "Saptapadi" has transformed into customary law
‘seven steps' for completion of Hindu Marriage. Without ‘Saptapadi' the marriage is not
complete. According to Hindu Marriage Act, 1955, divorce can only be taken by way of a
decree of a court. This is however subject to the exception that if the divorce is sanctioned
by the custom, that will be duly recognized by law. According to this Act, marriage cannot
be held between the parties within the degree of prohibited relationship. Again, the proviso
leaves open the option to apply custom of marriage within the degree of prohibited
relationship.

In the constitutional scheme, Articles 244, 244A, 371A Fifth and Sixth Schedules clearly
indicate the concern of the makers of the Constitution to preserve and maintain the
customary laws of the tribes. The Constituent Assembly Debates are documentary
evidences in this regard. Article 371 A unequivocally lays down that no Act of Parliament in
respect of Naga customary law shall apply to the State of Nagaland unless Legislative
Assembly oi Nagaland by a resolution so decides. In the Constituent Assembly Debates in
the Constitution Hall, New Delhi, during discussion on the 5th Schedule of the Draft
Constitution on 5.9.1949, Sri Lakshmi Narayan Sahu made some good observation
10 | Application of Volksgeist theory in India

regarding interaction of the Hindu and Adivasi Customs. Some of the customs of the
aboriginals have crept into Hinduism and some of the useful customs of the Hind us have
found place in the life of aboriginals. Sri Sahu worked with aboriginals of Orissa. He had
deep insight and he pleaded for protection of customary laws of the tribes. Sri Gopinath
Bardoloi joined him emphatically for preservation of certain traditional institution of Ao
Nagas and other Hill Tribes. Quoting him; "There are certain institutions among these hill
tribals which in my opinion, are so good that, if we wanted to destroy them. I consider it to
be very wrong".

Customary law is one of the most important institutions among the tribals which are helpful
for their good administration; Bardoloi also pointed out that one of the things which he felt
creditable to those hilly tribals was the manner in which they settle their disputes. The
system of village administration of Ao Nagas is very good. Their autonomy and institution
should be preserved was his plea on the floor of Constitution Hall on 6.9.1949. The Santal
traditional justice system claim same importance in the process of resolving their disputes,
conflicts and tensions. That apart, many beneficial legislations show that our legislature is
fully conscious of the customary laws of the tribesmen, and, it provides for protection of
customary law in various social and land legislations; namely, Santal Pargana Tenacy Act,
1949, Chhotanagpur Tenancy Act, West Bengal Land Reforms Act. 1955, Rajasthan Tenancy
Act, 1955, U.P. Zamldari Abolition and Land Reform Act, 1950 etc. The makers of the
procedural laws carefully protected tribal customary laws. The basic procedural laws of
India are the Code of Civil Procedure, 1908 and the Code of Criminal Procedure, 1973. ln
the very first section of the above codes tribal customary law has been recognized. Section
1 (3) C.P. Code,1908, lays down that the Code does not extend to Nagaland and Tribal Areas
provided that the concerned government may apply it by notification to Nagaland and
Tribal Areas. Section 1 (2) Cr. P.C., 1973 excludes the application of the Code, barring
Chapters Vlll (Security Proceedings), X (Public Order and Tranquility) XI (Preventive Action
of Police) in the Tribal Areas. According to the Explanation in Section-1 Cr. P.C. tribal areas
mean the territories as referred in paragraph 20 of the Sixth Schedule to the Constitution. It
11 | Application of Volksgeist theory in India

mentions the following districts for Assam: - (1) North Cachar Hills (2) Karbl Anglong, Hence,
local and customary laws would be applicable in those districts.

ESSENTIALS OF VALID CUSTOM –

The following are the essentials of a valid custom:-

1. Antiquity-

Section 3 (a) of the Hindu Marriage Act, 1955 provides that custom should be observed for
a long time. It should be ancient. In India custom need not be immemorial In the English
law sense. The courts have time and again held that if a custom is established to be 100
years old or more it is of sufficient antiquity. Derett thinks that if it is 40 years old it is
enough.

2. Continuity-

Continuity is as essential as antiquity. Discontinuity will destroy a custom. An obsolete law

can be repealed but there is no method of repealing custom except by abandonment.
Suppose, it is established that a custom has an antiquity of 400 years, but if it has not been
followed since then. It may be sufficient indication of its abandonment.

3. Certainty-

Custom must be certain, and clear, not vague. One has to prove what exactly the custom is
and how far it is applicable with a reasonable amount of certainty. Let me give an example.
a vague assertion that divorce by mutual consent is allowed on the basis of customary law
is not sufficient. It has to be established that the alleged custom exists.

4. Reasonability-

It should not be unreasonable. Of course, what is reasonable and unreasonable is a matter

of social values. It varies from time to time, place to place. An unreasonable custom is void,
although custom may not always be founded on reason.
12 | Application of Volksgeist theory in India

5. Morality-

An immoral custom is void. Like the standard of reasonability, the standard of morality may
differ from time to time and from society to society. Thus a custom under which adoptive
parents pay a sum of money to natural parents at the time of adoption or a custom under
which the trustees of religions institution is allowed to sell their trust is void being against
morality.

6. It should not be opposed to public policy and law-

A custom opposed to public policy is void. A custom among dancing girls permitting them to
adopt one or more daughters has been held to be void being opposed to public policy and
morality. A custom must not be opposed to statutory law. A custom opposed to sacred law
prevails, but no custom opposed to statutory law can be given effect.

A person who alleges or claims existence of custom has to prove it. Generally, customs are
proved by instances. There is no hard fast rule as to how many instances need be proved.
However, the court may take judicial notice of certain customs. When a custom is
repeatedly brought to the notice of the court, court may not insist on fresh proof.
13 | Application of Volksgeist theory in India

4. Criticism Against Savigny’s Theory of Law

As already stated, a precise and flawless definition of law is far from reality, and Savigny‟s
Volksgeist is no exception. The following are the criticisms of Savigny‟s Volksgeist:

1. Dias maintains that many institutions like slavery have originated not in Volksgeist but in
the convenience of a ruling oligarchy.

2. It is not clear who the volk are and whose geist determines the law nor it is clear whether
the Volksgeist may have shaped by the law rather than vice-versa.

3. In pluralist societies such as exist in most parts of the world it really seems somewhat
irrelevant to use the concept of Volksgeist as the test of validity.

4. Important rules of law sometimes develop as a result of conscious and violent struggle
between conflicting interests within the nation and not as a result of imperceptible growth.
That applies to the law relating to trade unions and industry.

5. Lord Lloyd also points out that Savigny underrated the significance of legislation for
modern society. Sir Henry Maine rightly pointed out that a progressive society has to keep
adapting the law to fresh social and economic conditions and legislation has proved in
modern times the essential means of attaining that end.

6. Paton states that the creative work of the judge and jurist was treated rather too lightly
by Savigny.

7. A survey of the contemporary scene shows that the German Civil Code has been adopted
in Japan, the Swiss Code in Turkey and the French Code in Egypt without violence to
popular propensity.

8. It was unfortunate that the doctrine of Volksgeist was used by the National Socialist in
Germany for an entirely different purpose which led to the passing of brutal laws against
the Jews during the regime of Hitler in Germany.

9. There are certain inconsistencies which are apparent in Savigny’s theory. He emphasised
the national character of law but at the same time suggested a model by which Roman law
could be adopted and accepted as the law of Germany. Again, he located origin of law in
the Volksgeist that is popular conscience but at the same time asserted that certain
customary principles of Roman law had universal application. Savigny’s undue importance
14 | Application of Volksgeist theory in India

to Roman law has been bitterly criticized by Gichhom, Beselor and Gierke and it was
because of their intervention that German Code was drafted in subsequent years.

10. It is often alleged that Savigny's theory of law is negative, obscure and suffers from
narrow sectarian outlook. He was against codification of law which is one of the most
accepted forms of modern progressive legislation. This anti-codification attitude of Savigny
thwarted the growth of German law for several decades.

11. Savigny’s assertion that popular consciousness is the sole source of law is not wholly
true. The theory of Volksgeist overlooks the impact of other sources of law such as
legislation, precedent etc. in the evolution of law. There are many areas which would have
been left without legal rules because there never existed any popular consciousness about
them.

12. Again, Savigny’s view that customs are always based on the popular consciousness is
also not acceptable. Many customs such as slavery bonded labour etc. originated to
accomplish the selfish interests of those who were in power. They are adopted because
they are being blindly followed and continued for a long time and not because they are
righteous and have the support of popular consciousness.

13. Roscoe Pound has criticised for his juristic pessimism. Savigny’s theory hindered legal
reforms and modernisation of law in the name of Volksgeist.

In order to clarify the impact of Savigny’s Volksgeist, a landmark case in the history of
Nepal can be taken as an example

Name of the case: Meera Kumari Dhungana v His Majesty’s Government Ministry of Law,
Justice and Parliamentary Affairs and others 11( Daughter's Property Right case)

Decision of the Case: "Making sudden changes in traditional social practices in matters of
social norms perused by the society since a long time ago may create problems in
connection to adjustment in the society. And, it may cause such a situation beyond
perception. Therefore, before reaching a decision all of a sudden, a just provision should be
made by holding wide and extensive discussions and deliberations taking into account the
constitutional provision vis-à-vis equality. As the family law relating to property is to be
wholly considered, it is hereby issued this directive order that HMG introduce an
appropriate Bill to Parliament within 1 year of receipt of this order, by making necessary
consultations with the recognized women's organizations, sociologists, the concerned social

11. N.K.P. 2052, P. 462

15 | Application of Volksgeist theory in India

organizations and the lawyers as well and by studying and considering the legal provisions
in this regard on other countries." 12 Law has immense interrelationship with society and
every society is guided by certain norms and customs. The highlighted part of the decision
clearly mentions the importance of social practices and norms in the society. Here the
Supreme Court mentioned the probable chaos and problems could be inflicted if the any
law was introduced that hampers or alters the traditions of people. It clearly means that
law should not be introduced in such a way so as to change the norms of people at once
which have been followed by them since a long time. Hence, it elucidates that law should
be in consistency with the customs and traditions of people and any law reform or
alteration in law should be done with due regards to the sentiments and norms of society in
order to bring sustainable and peaceful change in the society. Hence, the supreme court in
the mentioned case rightly analyzed the relation between social practices of people and law
and did not deliver verdict promptly rather directed to conduct research within certain time
frame. As a result the law was reformed and it immensely brought huge changes. And today
this change is well accepted and has introduced a new paradigm in the Nepalese legal
system.

12. Timalsina Ram Krishna, Some Landmark Decisions of the Supreme Court of Nepal, Shakti Offset Press, New Banseswor, 2003,
pg. 164.
16 | Application of Volksgeist theory in India

5. Conclusion
The insufficiency of natural law school and analytical school had provided a fertile land
where Savigny sowed seeds of historical school. In his view on law, he emphasized on
Volksgeist,”a unique, ultimate and often mystical reality” linked to the biological heritage of
a people.13 For him, law was not the result of arbitrary act of legislature but the result of
certain traditions and customs. Only by a careful study of these traditions the true content
of law was found. He marked the Volksgeist or the national spirit as the criteria for the
validity of any law. Although the concept is insufficient and is subjected to criticism by many
jurists, still its importance in understanding the theory of law is a milestone as it
emphasized the need of people’s acceptance for the formulation of any law, which is a
universal principle today. Despite the above criticism, Savigny’s legal theory marks the
beginning of modem jurisprudence. His theory of Volksgeist interpreted jurisprudence in
terms of people’s will. Thus it paved way to the modern sociological approach to law laying
greater emphasis on relation of law with society. Savigny’s theory came as a reaction and
revolt against the 18th century natural law theory and analytical positivism. The only defect
in his theory was that he carried the doctrine of popular will too far.

The essence of Savigny’s Volksgeist was that a nation’s legal system is greatly influenced by
the historical culture and traditions of the people and the growth of law is to be located in
their popular acceptance. This laid the foundation of historical school of jurisprudence
which was carried further by Sir Henry Maine in England, Vinodradoff, Lord Bryce and many
others. Ehrlich devised his theory of interest on the foundation laid by Savigny. Savigny’s
approach to law also gave birth to comparative jurisprudence which has been accepted as
one of the most important branches of legal studies in modem times. Maitland has
supported Savigny’s approach to jurisprudence and pointed out that the course of
development of common law in England was determined by socio-political conditions
obtaining in England at that time.

Above all, Savigny’s legal theory served as a sound warning against harsh legislation and
introduction of revolutionary abstract ideas in the legal system unless the ushered support
of the popular will i.e. Volksgeist.

13. Freeman M.D.A., Lloyd’s Introduction to Jurisprudence, 7 th ed., Sweet and Maxwell Ltd., London, 2001 p.g. 906.
17 | Application of Volksgeist theory in India

6. Bibliography

Book:
 Lloyd's Introduction to Jurisprudence by Michael Freeman, 8th Edition, 2007

 Lectures In Jurisprudence by N.K Jayakumar, 2nd Edition, 2006, Publisher: Butterworth

Heinemann

 The Authority of Law by Joseph Raz, 16th Edition, 2003, Publisher: Oxford University
Press

 Studies in Jurisprudence & Legal Theory by Dr. N.V. Paranjape, 6th Edition, 2013,
Publisher: Central Law Agency

 Jurisprudence & Indian Legal Theory by Prof. S.N. Dhyani, 4th Edition, 2011, Publisher:
Central Law Agency

 Jurisprudence & Legal Theory by V.D. Mahajan, 5th Edition, 2011, Publisher: Eastern
Book Company

Websites:
 http://www.legalserviceindia.com/articles/juju.htm
 http://www.lawteacher.net/jurisprudence/essays/jurisprudence-legal.php
 http://www.gov.harvard.edu/files/Liviatan-AJICL.pdf
 http://www.missouriwestern.edu/orgs/polanyi/TAD%20WEB%20ARCHIVE/TAD18-
2/TAD18-2-fnl-pg22-32-pdf.pdf