Savigny school of historical jurisprudence
E1010693
The Savigny school of historical jurisprudence was a 19th-century German legal movement that emphasized the organic, historically evolved nature of law as an expression of a people’s common consciousness (Volksgeist), rather than as a product of abstract rationalism or legislation alone.
Observed surface forms (1)
| Surface form | Occurrences |
|---|---|
| Pandectist school | 1 |
Statements (47)
| Predicate | Object |
|---|---|
| instanceOf |
historical school of law
ⓘ
jurisprudential movement ⓘ legal school ⓘ |
| associatedWith |
Bernhard Windscheid
NERFINISHED
ⓘ
Friedrich Carl von Savigny NERFINISHED ⓘ Georg Friedrich Puchta NERFINISHED ⓘ German Historical School of Law NERFINISHED ⓘ |
| contrastedWith |
legal positivism
ⓘ
natural law theory ⓘ |
| coreConcept |
Volksgeist
NERFINISHED
ⓘ
custom as source of law ⓘ gradual evolution of law ⓘ historical continuity of legal institutions ⓘ |
| countryOfOrigin | Germany ⓘ |
| emphasizes |
Volksgeist
NERFINISHED
ⓘ
historical development of law ⓘ law as expression of a people’s common consciousness ⓘ organic growth of law ⓘ |
| field |
jurisprudence
ⓘ
legal history ⓘ legal theory ⓘ |
| focusesOn |
development of private law
ⓘ
historical study of Roman law reception ⓘ |
| inception | 19th century ⓘ |
| influenced |
German legal science
ⓘ
codification debates in 19th-century Germany ⓘ comparative law ⓘ historical jurisprudence in other European countries ⓘ |
| influencedBy |
Friedrich Carl von Savigny
NERFINISHED
ⓘ
German Romanticism NERFINISHED ⓘ historical method in the humanities ⓘ |
| methodologicalApproach |
historical interpretation of legal sources
ⓘ
systematic analysis of historically evolved legal concepts ⓘ |
| namedAfter | Friedrich Carl von Savigny NERFINISHED ⓘ |
| opposes |
abstract rationalism in law
ⓘ
natural law rationalism ⓘ purely legislative positivism ⓘ |
| positionOnCodification |
skeptical of premature comprehensive codification
ⓘ
supports codification only after sufficient historical maturation of law ⓘ |
| positionOnLaw |
law arises from the spirit and customs of the people
ⓘ
legislation should reflect historically developed legal consciousness ⓘ |
| region | German-speaking Europe NERFINISHED ⓘ |
| timePeriod |
early 19th century
ⓘ
mid 19th century ⓘ |
| viewOnCustom | custom is primary source of law ⓘ |
| viewOnJudges | judges articulate law embedded in historical legal consciousness ⓘ |
| viewOnLegislator | legislator should respect historically developed legal institutions ⓘ |
Referenced by (2)
Full triples — surface form annotated when it differs from this entity's canonical label.
this entity surface form:
Pandectist school