FRIEDRICH CARL VON SAVIGNY's HISTORICAL SCHOOL of jurisprudence holds that:
Answer & Solution
Correct answer: D.
1. FRIEDRICH CARL VON SAVIGNY (1779-1861), German jurist, founded the HISTORICAL SCHOOL.
2. KEY IDEAS:
3. (i) LAW IS THE PRODUCT OF HISTORICAL EVOLUTION — organic development;
4. (ii) VOLKSGEIST — the 'spirit of the people' or 'national consciousness'; law expresses the people's character;
5. (iii) Law emerges from CUSTOM and POPULAR CONSCIOUSNESS first, then becomes formalised by jurists;
6. (iv) OPPOSED RATIONALIST CODIFICATION — Savigny's 1814 pamphlet 'On the Vocation of Our Age for Legislation and Jurisprudence' opposed the proposed German Civil Code as premature;
7. (v) Argued for SCIENTIFIC STUDY of historical evolution of Roman law to inform German law.
8. INFLUENCE: shaped German Pandectist school; influenced 19th century legal thought worldwide.
9. CRITICISM: idealist, mystified the 'spirit of the people'; ignored class conflict; positivists rejected the metaphysical Volksgeist concept.
10. Hence option B is correct.
_Source: Legal Research Methodology + Jurisprudence — Friedrich Carl von Savigny, 'On the Vocation of Our Age for Legislation and Jurisprudence' (1814)_
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