Friedrich Karl Von Savigny and His Contribution of Law

Friedrich Karl Von Savigny was an eminent German Jurist and historian of the 19th century who became one of the preeminent exponents of the Historical School of Jurisprudence. Savigny’s theory marked a new beginning in the interpretation of law as a historical process in the entire jurisprudence and also brought German historicism into the mainstream legal history. Though his contribution was commendable in the development of law across the world however he was also credited for encouraging fascism and Nazism in Germany and Italy as his thesis were used to justify the dictatorship rule in the late 19th and early 20th centuries across the globe.

Life and Education (1779 − 1861)

Friedrich Karl Von Savigny was born into a German family of landed nobility and received his education from the Universities of Marburg and Gottingen, where he also spent his initial years as a Professor of Civil Law. Afterwards, he was also appointed to the Chair of Roman Law at the newly established University of Berlin and also to the position of Minister of Justice in Prussia. Additionally, he was made a judge to the Supreme Court of Appeal and also served as a member of numerous commissions for the reformation of legal systems and codification of Roman Law.

During the entire duration of his service in different positions, he closely observed the functioning of laws and customs across the country and kept writing alongside. Though he was always committed to his work, his nervous illness forced him to return home and devote himself to writing. Thereafter, he seriously dedicated his entire time in writing some of the widely read historical books and legal theories of jurisprudence that were ever written by a German Intellectual.

Historical School of Jurisprudence

Savigny is regarded as the founder of historical jurisprudence and the leading proponent of the historical interpretation of law. He rejected the natural law theory which believed that law is based on an abstract principle of human reason. Rather he believed, like his contemporaries and predecessors, that law is a historical perception which evolves according to customs, traditions, culture and sentiments of people. Thus, Savigny demanded a historical interpretation to stipulate law as he considered that law is a product of the general consciousness of the people and a manifestation of their spirit.

He made the argument that because of peoples' shared beliefs and convictions, law has a national character, evolves like language, and unites them as a single entity. He contends that the rule of law develops with social development and draws strength from society as a whole.

He traced the evolution of law in the common consciousness of people which he termed as Volksgeist. Savigny remarked that law is found and formed in the general spirit of people as a community which is the essence of law as it is complemented by their customs and traditions.

Codification of Law

Savigny was surprised that the codification of laws, especially of Germany of his time and his efforts and revolt against the same delayed the codification for half a century. He justified his objection by providing an explanation of his deep belief that law must be framed in accordance with general agreement of the people and their local rituals and practices.

Therefore, he opposed the German Code which was prepared by Professor Thibaut as it was based on natural law philosophy and French pattern through his pamphlet Vocation of our Age for Legislation and jurisprudence. Savigny herein claimed that Germany was then divided into several smaller states and its law was in the primitive state as there was no common consciousness or general will of the people which could have become the source of origin and sanction of German law to make it uniformly applicable to all.

Thus, he emphasized that codification of German Law must be delayed unless the country is unified with a common language and law in uniformity. Moreover, he also stressed that law should be framed by jurists instead of legislators who have the expertise of Roman Law which constitute the integral part of German Law and considered as true representatives of popular consciousness.

Savigny’s Thesis

The following are the major thesis:

• History of Roman Law in Middle Ages

• System of Modern Roman Law

• Law of Possession

Conclusion

Friedrich Karl Von Savigny marked the beginning of modern jurisprudence. His theory of Volksgeist interpreted jurisprudence in terms of people’s will. The essence of his theory was that a nation’s legal system is influenced by the historical culture and traditions of people, and growth of law is located in their popular acceptance.

Thus, he established the modern principle of rule of people’s will through his beliefs and remarked that law and society have an interrelation to each other. Henceforth, he was a phenomenon scholar who approached law with a modern−contemporary method.

Frequently Asked Questions

Q: Who was Friedrich Karl von Savigny?

Ans: Friedrich Karl von Savigny was a German legal scholar, jurist, and founder of the historical school of jurisprudence. He is considered one of the most influential figures in the development of modern legal thought.

Q: What is Savigny known for?

Ans: Savigny is known for his pioneering work in the field of legal history and his establishment of the historical school of jurisprudence, which emphasized the importance of understanding the historical and cultural context of legal systems.

Q: How Savigny’s ideas justified Nazism and Fascism?

Ans: It was contended by some theorists that Savigny’s fundamentalist ideology was a reasonable justification for rise and growth of Nazism and Fascism in Germany and Italy as he connected law with society and religion while also stipulated that a national legal system must be structured in harmony with the local traditions and cultural practices.

Q: Who described Savigny as Darwinian before Darwin and why?

Ans: Dr Allen described Savigny as “Darwinian before Darwin” because Savigny traced the development of law as an evolutionary process much before Darwin gave his theory of evolution and applied the evolutionary principle to the development of the legal system.

Q: Explain the term Volksgeist?

Ans: According to Savigny, Volksgeist means popular or general consciousness of people and used this term to explain the evolution of law. He believed that law originates from the agreement of people in common. In other words, when people follow a practice or tradition in general, then it becomes a law as it has the common acceptance of society which acts as its binding force.

Q: What is the historical school of jurisprudence?

Ans: The historical school of jurisprudence, founded by Savigny, focused on the historical development of legal systems, emphasizing that law is rooted in the traditions, customs, and historical experiences of a society.

Q: How did Savigny view the role of legal history?

Ans: Savigny believed that understanding the historical development of law was crucial for interpreting and applying laws. He thought that legal concepts and principles had evolved over time and that this historical context should inform legal decisions.

Q: What were Savigny's views on codification?

Ans: Savigny was critical of the codification of laws, such as the Napoleonic Code, that attempted to create comprehensive legal systems from scratch. He believed that laws should grow organically from a society's historical development.

Q: How did Savigny's ideas impact legal education?

Ans: Savigny's ideas brought a new perspective to legal education. He emphasized the importance of teaching law within its historical and cultural context, providing a richer understanding of legal principles.

Q: How did Savigny's theories influence legal systems beyond Germany?

Ans: Savigny's ideas had a significant impact on legal thought not only in Germany but also in other parts of Europe and beyond. His emphasis on historical context and cultural influence influenced the development of modern legal theories.

Q: What were some of Savigny's notable works?

Ans: Savigny's major works include "System of the Modern Roman Law" (1840) and "The Vocation of Our Age for Legislation and Jurisprudence" (1814). These works outlined his views on legal history, jurisprudence, and the development of legal systems.