The Volksgeist Theory
Friedrich Carl von Savigny was a key figure in the historical school of law and is best known for his Volksgeist theory. The term “Volksgeist” roughly translates to “the spirit of the people”. According to Savigny, the law is an organic product that grows naturally with the progress of society and is deeply rooted in the customs and habits of the people. He believed that law emanates from the common consciousness of the people and not from the legislator. This perspective radically departed from the conventional approach of lawmaking, which places the power of law creation solely in the hands of the legislator.
Law as a Reflection of Society
Savigny further argued that law is a reflection of society. It mirrors the social, cultural, and economic circumstances of a particular society at a particular time. Therefore, he believed that law could not be universal; what works for one society may not work for another because the Volksgeist of each society is unique. This understanding of law as a societal reflection underscores the importance of cultural relativism in legal discourse.
Historical School of Law
Savigny’s interpretation of law laid the foundation for the historical school of law, which emphasizes the evolutionary and historical character of law. The school maintains that legal institutions and concepts evolve over time, and that historical continuity and societal context are integral to understanding the law. The school rejects the idea of a single “correct” system of law that can be designed through reason and applied universally. Instead, it insists that law emerges from societal norms and historical circumstances.