The Volksgeist and a Piece of Sulphur
18 Pages Posted: 1 Aug 2014
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: Suggested Citation