Comparison between Historical School and Analytical School

1) Analytical School : 

                According to Austin Law is the general command of a sovereign backed by a sanction. In other words the source of law is the will of the sovereign and the sovereign is empowered to punish those, who violate the laws. Analytical school gained its prominence in nineteenth century  .  

                This theory analyze the principles of law and reduce them to the fundamentals. It takes into account the developed legal system and analyze the basic concepts to bring out their relationship with one another. Therefore, this is school is called analytical School of jurisprudence.

2) Historical School  

                 Historical school deals with the relation of law with societal institutions, in which law exhibits itself. it concentrates on the primitive legal Institutions of the society.
                Historical jurisprudence examines the manner or growth of a legal system and traces the growth of law from origin with a view to finding out the origin of our legal concepts and the general course of their evolution.

3) Comparison between Historical School and Analytical School  :

No	Historical School	Analytical School
1.	Historical School concentrates its attention on the primitive legal institutions of society.	Analytical school confines itself to mature legal systems.
2.	Law is found and not made. Law is self-existent.	Law is an arbitrary command of the sovereign. It is the deliberate product of legislation.
3.	Law is antecedent to the State and exists even before a State comes into existence.	If there is no sovereign, there is no law.
4.	Law is independent of political authority and its enforcement. Law does not become law merely because of its enforcement by the sovereign.	The hallmark of law is its enforcement by the sovereign.
5.	Law rests on the social pressure behind the rules of conduct which it enjoins.	Law rests upon the force of politically organized society.
6.	Law is the rule by which the invisible borderline is fixed within each individual obtains a secure and full space.	Law is command of the sovereign.
7.	Typical law is custom. ‘Human nature is not likely to undergo a radical change and therefore , that to which we give the name law always has been, still is and will forever continue to be custom.	Typical law is a statute.
8.	Custom is the formal source of law. It is transcendental law and other methods of legal evolution, e.g. precedent and legislation, derive their authority from custom. At any rate, custom derives its binding force from its own intrinsic vitality and not from judicial precedent or legislation purporting to follow or legislate it.	Custom is not law until its validity is established by a judicial decision or Act of the legislature. It is only a source of law.
9.	While interpreting a statute, judges should also take into consideration its history.	While interpreting a statute, judges should confine themselves to a purely syllogistic method.