The Volksgeist and a Piece of Sulphur

18 Pages Posted: 1 Aug 2014

See all articles by Frank Elliott

Frank Elliott

Texas A&M University School of Law

Date Written: 1963

Abstract

Savigny was a principal architect of the historical theory of jurisprudence which holds that law must be consonant with the spirit of the people it governs. In his own times, however, he was more than a philosopher. As a participant in a great debate, Savigny developed his theory as a weapon to resist the wholesale imposition of a legal code which he regarded as alien to and ill suited for the emerging German states. Professor Elliott explores the thought of this controversial man in a fashion which is of interest not only to the philosopher and historian, but also to the lawyer who practices in an age, like Savigny's, preoccupied with the adoption of uniform legal codes.

Keywords: legal history, legal philosophy, uniform codes

JEL Classification: B31, K49

Suggested Citation

Elliott, Frank, The Volksgeist and a Piece of Sulphur (1963). Texas Law Review, Vol. 42, pp. 817-834 (1963), Available at SSRN: https://ssrn.com/abstract=2474370

Frank Elliott (Contact Author)

Texas A&M University School of Law ( email )

1515 Commerce St.
Fort Worth, TX Tarrant County 76102
United States

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