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According to Savigny, law is a matter of unconscious and organic growth, sourced in the 'Volksgeist' (common consciousness of the people). This is the central idea of which school?
Answer & Solution
Correct answer: C.
1. Savigny is the leading proponent of the Historical School.
2. His theory holds that law is found and not made.
3. Law varies with people and age and is not universal.
4. Custom precedes legislation and is superior to it; the Volksgeist is its true source.
5. Roscoe Pound and Holmes belong to Sociological and Realist schools.
_Source: ICSI CS Executive Programme, Paper 1 "Jurisprudence, Interpretation and General Laws", Lesson 1 "Sources of Law" (Nov 2021 edition, pp 2-19)._
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