Friedrich
Carl von Savigny (21 February 1779 – 25 October 1861) was a famous 19th-century
jurist and historian.Savigny was born at Frankfurt, of a family recorded in the
history of Lorraine, deriving its name from the castle of Savigny near Charmes
in the valley of the Moselle. Left an orphan at the age of 13, Savigny was
brought up by a guardian until, in 1795, he entered the University of Marburg,
where, though in poor health, he studied under Professors Anton Bauer and
Philipp Friedrich Weiss, the former a pioneer in the reform of the German criminal
law, the latter distinguished for his knowledge of medieval jurisprudence.
After the fashion of German students, Savigny visited several universities,
notably Jena, Leipzig and Halle; and returning to Marburg, took his doctor's
degree in 1800. At Marburg he lectured as Privatdozent on criminal law and the
Pandects.In 1803 Savigny published Das Recht des Besitzes ("The law of
possession"). Thibaut hailed it as a masterpiece which brought the old
uncritical study of Roman law to an end.In 1808 Savigny was appointed ordinary
professor of Roman law at Landshut. He remained in this position for a year and
a half. In 1810 he was appointed to the chair of Roman law at the new
University of Berlin, chiefly at the instance of Wilhelm von Humboldt.Savigny
belongs to the historical school of jurists, founded by Gustav Hugo, and served
a role in its consolidation. The works for which Savigny is best known are the
Recht des Besitzes and the Beruf unserer Zeit für Gesetzgebung. According to
Jhering "with the Recht des Besitzes the juridical method of the Romans
was regained, and modern jurisprudence born." It was seen as a great
advance both in results and method, and rendered obsolete a large body of
literature.
Research
Methodology
This
research project is largely based on secondary & electronic sources of
data. Books, case laws, journals & other reference as guided by faculty of
Jurisprudence are primarily helpful for the completion of this project.
Problem
The
major issue which this research topic deals with is the descriptive thesis of Savigny’s
theory of Volksgeist and to discuss its relevance in contemporary times.
Rationale
This
research topic on “Savigny’s theory of Volksgeist& its relevance in
contemporary times” is an informative & enlightening topic and it is important
as well because it deals with such a profound jurist belonging to the
Historical school of Jurisprudence. The research paper also deals with the
theory’s relevance in contemporary times.
Objectives
of Study
·
To Savigny’s
theory of Volksgeist.
·
To discuss the
theory and its problems.
·
To criticize the
theory and study the views expressed by various jurists in criticizing the
theory.
·
To discuss the
relevance of the theory in contemporary times.
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