19th and 20th centuries
Friedrich Carl von Savigny
1779–1861 · Germany · Jurist and professor
1800 BCAD 2000
Life and ideas
Friedrich Carl von Savigny was a German jurist, professor in Marburg, Landshut and then Berlin, and later a Prussian minister. In 1814, when some wanted a single civil code for Germany after Napoleon's defeat, he replied in a pamphlet, On the Vocation of Our Age for Legislation and Jurisprudence, that law, like language, grows slowly from the life of a people and that German law was not yet ready for codification. The task of the jurist is to study the sources, above all Roman law, and to turn them into a system. In the volumes of his System of Modern Roman Law he did that for private law, and his work on the conflict of laws influenced private international law everywhere. The Historical School he founded dominated German legal thought for most of the nineteenth century.
The big idea
Law is a growth of the people's consciousness, like language. A premature code would freeze it, so the task of scholars is to study its history, especially Roman law, and to systematise it.
Main work
On the Vocation of Our Age for Legislation and Jurisprudence (1814); System of Modern Roman Law
Legacy
Founded the Historical School and shaped German private law and comparative method.
The school of thought
- The Historical School: Law grows out of a people's history and spirit, and cannot be invented from above.
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