FRIEDRICH CARL VON SAVIGNY's HISTORICAL SCHOOL of jurisprudence holds that:
Alaw is rationally constructed (cf. Friedrich Carl von Savigny, 'On the Vocation of Our Age for Legislation and Jurisprudence' (1814)) (cf. Friedrich Carl von Savigny, 'On the Vocation of Our Age for Legislation and Jurisprudence' (1814))
Blaw is conventional (cf. Friedrich Carl von Savigny, 'On the Vocation of Our Age for Legislation and Jurisprudence' (1814)) (cf. Friedrich Carl von Savigny, 'On the Vocation of Our Age for Legislation and Jurisprudence' (1814))
Claw is divine (cf. Friedrich Carl von Savigny, 'On the Vocation of Our Age for Legislation and Jurisprudence' (1814)) (cf. Friedrich Carl von Savigny, 'On the Vocation of Our Age for Legislation and Jurisprudence' (1814))
DLAW is the PRODUCT OF HISTORICAL EVOLUTION — the VOLKSGEIST (spirit of the people); law emerges organically from custom and people's consciousness; codification interrupts this organic development
Answer & Solution
Correct answer: D. LAW is the PRODUCT OF HISTORICAL EVOLUTION — the VOLKSGEIST (spirit of the people); law emerges organically from custom and people's consciousness; codification interrupts this organic development
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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