Savigny school of historical jurisprudence

E1010693

The Savigny school of historical jurisprudence was a 19th-century German legal movement that emphasized the organic, historically evolved nature of law as an expression of a people’s common consciousness (Volksgeist), rather than as a product of abstract rationalism or legislation alone.

All labels observed (3)

How this entity was disambiguated

Statements (47)

Predicate Object
instanceOf historical school of law ⓘ
jurisprudential movement ⓘ
legal school ⓘ
associatedWith Bernhard Windscheid ⓘ
Friedrich Carl von Savigny ⓘ
Georg Friedrich Puchta NERFINISHED ⓘ
German Historical School of Law ⓘ
contrastedWith legal positivism ⓘ
natural law theory ⓘ
coreConcept Volksgeist ⓘ
custom as source of law ⓘ
gradual evolution of law ⓘ
historical continuity of legal institutions ⓘ
countryOfOrigin Germany ⓘ
emphasizes Volksgeist ⓘ
historical development of law ⓘ
law as expression of a people’s common consciousness ⓘ
organic growth of law ⓘ
field jurisprudence ⓘ
legal history ⓘ
legal theory ⓘ
focusesOn development of private law ⓘ
historical study of Roman law reception ⓘ
inception 19th century ⓘ
influenced German legal science ⓘ
codification debates in 19th-century Germany ⓘ
comparative law ⓘ
historical jurisprudence in other European countries ⓘ
influencedBy Friedrich Carl von Savigny ⓘ
German Romanticism ⓘ
historical method in the humanities ⓘ
methodologicalApproach historical interpretation of legal sources ⓘ
systematic analysis of historically evolved legal concepts ⓘ
namedAfter Friedrich Carl von Savigny ⓘ
opposes abstract rationalism in law ⓘ
natural law rationalism ⓘ
purely legislative positivism ⓘ
positionOnCodification skeptical of premature comprehensive codification ⓘ
supports codification only after sufficient historical maturation of law ⓘ
positionOnLaw law arises from the spirit and customs of the people ⓘ
legislation should reflect historically developed legal consciousness ⓘ
region German-speaking Europe ⓘ
timePeriod early 19th century ⓘ
mid 19th century ⓘ
viewOnCustom custom is primary source of law ⓘ
viewOnJudges judges articulate law embedded in historical legal consciousness ⓘ
viewOnLegislator legislator should respect historically developed legal institutions ⓘ

How these facts were elicited

Referenced by (3)

Full triples — surface form annotated when it differs from this entity's canonical label.

Eugen Ehrlich → influencedBy → Savigny school of historical jurisprudence ⓘ
Friedrich Karl von Savigny → influenced → Pandectist school ⓘ
linked to: Savigny school of historical jurisprudence
Otto von Gierke → movement → German Historical School of Law ⓘ
linked to: Savigny school of historical jurisprudence