There are two broad conceptions of the law viz. the passive and the active. While according to the passive conception law is a reflection of the existing social relations, according to the active conception law is an instrument of change (See Friedman : Legal Theory). The passive conception is often attributed to Savigny, the great German jurist who flourished in the early 18th century. Austin, the father of positivism, and Ehrlich, one of the founders of modern sociological jurisprudence, can also be said to belong to the passive school. According to Savigny's historical school of jurisprudence, law is not a consciously created phenomenon but is the gradual distillation of the volksgeist (the spirit of the people). Thus, Savigny was a strong advocate of customary law and was opposed to legislation. No doubt the historical school made an important contribution to our understanding by suggesting that law is not merely a set of artificial rules imposed on socie ....