This is a famous theory under jurisprudence called Volksgeist theory which is sometimes referred as "spirit of the people”. The main idea behind this theory is to address the relationship between a society's evolution of its legal system and its collective consciousness.
The originator of this theory was Friedrich Carl Von Savigny. He was a prominent German jurist in the 19th century. It has a very long lasting impact on legal thinking, which is the topic of talking even today.
So today, In this article we will discuss all of your queries about the volksgeist theory in jurisprudence perspective. For example, we will know about the meaning of this theory in detail, origin of this theory, what are the key principles, features, criticisms or challenges of this theory.
Origin of Volksgeist Theory
Friedrich Carl Von Savigny, usually known as Savigny. He was an eminent jurist born in 1779 at Frankfurt city in Germany. His expansive knowledge and education of Roman law helped him to understand the development of the legal system. His contribution in the field of jurisprudence was significant during his life.
Savigny thinks that law is not a product of reason or legislation whereas it is deeply rooted in the historical culture, customs and tradition of the people.
The term “Volksgeist” is made by the combinations of two German words:
“Volks,” meaning people and
“Geist,” meaning spirit or will
The concept of “Volksgeist” was cultivated by Savigny as a result of deep interest in the relationship between the law and a country's unique character.
Basically, It indicates a country's collective spirit or will. According to Savigny, the law reflects this collective desire and develops organically as the country's consciousness changes over time.
Key Principles of the Volksgeist Theory
In order to understand the theory, we have to look at its principles of features also. There are some of the features given below of the Volksgeist theory:
1. Law prevails in the society:
Savigny claims that law is a product of society where the people live their life. Also it is the consequence of the tradition of society It reflects in the cultural history of a country and personal beliefs derived from shared experiences. Throughout history, the Volksgeist has progressively influenced the growth of the law. Therefore, Savigny contends that accurate legal analysis requires a deep comprehension of human and societal history.
2. Law develops like a language:
According to him, law emerges as a language develops. He also stated that law is a national character that develops in the country like a language. It binds the people of that nation together with shared values and opinions. History indicates that laws are made in accordance with societal norms and accepted by the national character, such as language.
3. Law is a continuous and regular process:
Law is an ongoing or continuous process that is restricted by society's accepted beliefs and culture. It emerges as a result of society's regular and ongoing processes. In the beginning, people in a society agree to follow certain customs and usages, and they do so without question or hesitation. Those who do not follow these customs and usages get isolated in the community, and eventually, everyone must become common. In society, this takes the form of laws.
4. Savigny's opinion on codification of law:
Savigny was against the codification of law, he believed that codification is not necessary . They always stated that the development of law should be based on historical knowledge. He was against codification and thinks that law can not emerge through arbitral legislation.
5. Development of law:
The initial development of law is natural, and later on, it is developed by jurists. Savigny said that in the initial stages, the law developed naturally through the internal needs of the people. Later, when the people reached a level of civilization, different kinds of national laws were enacted.
Criticisms of the Volksgeist Theory
This Volksgeist theory of jurisprudence has many substantial contributions to jurisprudence. Even though there is some criticism of this theory, which we have discussed below:
1. Not Always Law
The critics of this theory argue that it does not contain all the aspects of the society like its traditions and culture. That's why it is not always considered as law. These basic traditions and culture will be considered as law in future. Some practices in the society which have originated without the reason or it is unrelated to the common will of the people such as slavery.
2. Inconsistencies
While emphasizing the significance of national character in law, Savigny's theory is criticized for having contradictions, especially his suggestion to adapt Roman law to modern circumstances.
3. Lack of Clarity
The concept is unclear about who exactly makes up "the people" and whose will makes the laws. Furthermore, it is unclear if the Volksgeist is shaped by the legislation or the other way around.
4. Volksgeist's exclusivity
Savigny stated in the society the theory of Volksgeist is the only source of law, but others argue that legislation also played a big role on how modern legal systems are shaped.
Relevance in Modern Jurisprudence
In modern legal systems, this theory is still applicable. Modern legal scholars and practitioners find relevance in its emphasis on historical comprehension, acknowledgment of the organic nature of law, and the contribution of legal scholars to legal evolution.
The theory serves as a reminder of the value of understanding the historical and cultural circumstances in which legal systems function in a time of globalization and multiculturalism. It promotes a more thorough and nuanced approach to jurisprudence by encouraging legal scholars to take into account the historical and sociological influences that affect legal norms and practices.
Conclusion
With its focus on the "spirit of the people" and the natural evolution of law, the Volksgeist theory has had an enormous effect on the area of jurisprudence. Regardless of its difficulties and critics, it continues to be relevant because it serves as a reminder of the complex interrelationships between history, culture, and the law.
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