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VOLKSGEIST IN CONTEMPORARY

WORLD
TABLE OF CONTENTS

Declaration 1
Acknowledgements 2
Objectives 4
Research Methodology 4

1) Introduction 5

2) Friedrich Carl Von Savigny: A Biographical Insight 6

3) Savigny's Volksgeist 6

4) Relevance in Contemporary World 11

5) Criticisms Against Savigny's Theory 15

6) Conclusion 16

7) References 17

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OBJECTIVES
To study Savignys theory of Volksgeist.
To problems related to the Theory.
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 world.

RESEARCH METHODOLOGY

This project work is descriptive in nature. It is done by taking the help of secondary sources
(Electronic sources and books). The points as discussed in this project include the study of
different sources on the topic as well as the points guided by the faculty. Footnotes have also
been provided for acknowledging the source.

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1. INTRODUCTION

Volksgeist is a term connoting the productive principle of a spiritual or psychic character


operating in different national entities and manifesting itself in various creations like language,
folklore, mores, and legal order.

According to Savigny, the nature of any particular system of law, was the reflection of the
Spirit of the people who evolved it. This was later characterized as the Volksgeist by Puchta,
Savignys most devoted disciple.

Hence, in a simple term, Volksgeist means the general or common consciousness or the popular
spirit of the people. Savigny believed that law is the product of the general consciousness of
the people and a manifestation of their spirit. The basis of origin of law is to be found in
Volksgeist which means peoples consciousness or will and consists of traditions, habits,
practice and beliefs of the people. The concept of Volksgeist in German legal science states
that law can only be understood as a manifestation of the spirit and consciousness of the
German people.

Savigny rejected natural law. To him a legal system was part of the culture of the people. Law
was not the result of an arbitrary act of a legislator but developed as a response to the
impersonal powers to be found in the peoples national spirit. This Volksgeist a unique,
ultimate and often mystical reality was, Savigny believed, linked to the biological heritage of
a people.

Savigny successfully used his Volksgeist theory to reject the French Code and the move to
codification in Germany. As a result German law remained, until 1900, Roman law adapted to
German conditions with the injection of certain local ideas. He concedes that in the earliest
time to which authentic history extends, the law will be found to have already attained a fixed
character, peculiar to the people, like their language, manners, and constitution.

The Following project also deals with the problems associated with Savignys Theory and its
criticisms. The relevance of this theory in contemporary world is also been discussed.

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2. FRIEDRICH CARL VON SAVIGNY: A BIOGRAPHICAL
INSIGHT

Friedrich Carl von Savigny (21 February 1779 25 October 1861) was a famous 19th-century
jurist and historian. Savigny was born at Frankfurt (Germany) in 1779. He was educated at the
universities of Marburg and Gottingen and was a Professor of Civil Law in the University of
Marburg from 1801 to 1804. Thereafter he shifted to Landshut. He was then appointed as a
Professor at the newly formed University of Berlin in 1810 and worked there until 1842 when
he was appointed as Minister of Justice and Prussia. He retired from that post in 1848. He
published history of Roman Law in Middle Ages (1815-1831), in six volumes and also wrote
system of Modern Roman Law (1840-1849). His work on law of possession (Das Recht des
Bestiges) 1

3. SAVIGNYS VOLKSGEIST

Volksgeist (also Volksseele, Nationalgeist or Geist der Nation, Volkscharakter, and in English
national character) is a term connoting the productive principle of a spiritual or psychic
character operating in different national entities and manifesting itself in various creations like
language, folklore, mores, and legal order.2 In a simple term, Volksgeist means the general or
common consciousness or the popular spirit of the people. Savigny believed that law is the
product of the general consciousness of the people and a manifestation of their spirit. The basis
of origin of law is to be found in Volksgeist which means peoples consciousness or will and
consists of traditions, habits, practice and beliefs of the people. The concept of Volksgeist in
German legal science states that law can only be understood as a manifestation of the spirit and
consciousness of the German people.3 As already discussed, his theory served as a warning
against hasty legislation and introduction of revolutionary abstract ideas on the legal system
unless they mustered support of the popular will, Volksgeist. Savignys central idea was that
law is an expression of will of the people. It doesnt come from deliberate legislation but arises
as a gradual development of common consciousness of the nation.4 The essence of Savignys

1
Dr. N.V. Paranjape, Studies in Jurisprudence and Legal Theory, edition, Central Law Agency, pg. 52
2
http://www.jahsonic.com/Volksgeist.html
3
Mathias Reimann, The Historical School Against Codification: Savigny, Carter, and the Defeat of the New York
Civil Code, 37 AM. J. COMP. L. 95, 97-98 (1989). Cited in
http://www.law.fsu.edu/journals/transnational/vol11_2/knudson.pdf
4
Doherty Michele, Jurisprudence: The Philosophy of Law, 2nd edi., Old Bairy Press, London, p.g. 233.

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Volksgeist was that a nations legal system is greatly influenced by the historical culture and
traditions of the people and growth of law is to be located in their popular acceptance. Since
law should always confirm to the popular consciousness i.e. Volksgeist, custom not only
precedes legislation but is also superior to it. Hence, law wasnt the result of an arbitrary act of
a legislation but developed as a response to the impersonal powers to be found in the peoples
national spirit.
Laws arent of universal validity or application. Each people develop its own legal habits, as it
has peculiar language, manners and constitution. He insists on the parallel between language
and law. Neither is capable of application to other people and countries. The Volksgeist
manifests itself in the law of the people: it is therefore essential to follow up the evolution of
the Volksgeist by legal research.5 The view of Savigny was that codification should be
preceded by an organic, progressive, scientific study of the law by which he meant a
historical study of law and reform was to wait for the results of the historians.6
Savigny felt that a proper code [of law could only] be an organic system based on the true
fundamental principles of the law as they had developed over time.7 Savignys method stated
that law is the product of the Volksgeist, embodying the whole history of a nations culture and
reflecting inner convictions that are rooted in the societys common experience.8 The
Volksgeist drives the law to slowly develop over the course of history. Thus, according to
Savigny, a thorough understanding of the history of people is necessary for studying the law
accurately.
In view of Savigny, law, like language, is a product not of an arbitrary and deliberate will but
of a slow, gradual, and organic growth. Similarly, he also states that The foundation of the
law has its existence, its reality in the common consciousness of the people. We become
acquainted with it as it manifests itself in external acts, as appears in practice, manners and
customs. Custom is the sign of positive law.- Savigny.9
Hence, Savigny clearly believes custom as the source of law and Volksgeist (common
consciousness) as the ultimate foundation of any legal system.

5
Friedmann W., Legal Theory, 5th edi., Universal Law Publishing Co. Pvt. Ltd.,Delhi,2002, p.g. 213.
6
Mahajan VD, (n 7) pg.567
7
FREDERICK CHARLES VON SAVIGNY,ON THE VOCATION OF OUR AGE FOR LEGISLATION AND
JURISPRUDENCE (Abraham Hayward trans., Arno Press 1975) (1831)
8
JOHN P. DAWSON, THE ORACLES OF THE LAW 196, 198-201, 203, 206-07, 227-28, 231, 240-41, 450-52,
454-60 (1968). Cited in http://www.law.fsu.edu/journals/transnational/vol11_2/knudson.pdf
9
Lamsal Narayan Prasad, Bidhisastra, 7th edi., Pairawi Prakasan,Kathmandu2063, p.g. 38.

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Volksgeist as a Source of Law
Savigny firmly believed that law is a product of the general consciousness of the people and a
manifestation of their spirit. Therefore, codification of German law was not desirable for its
smooth development at that time. This eventually delayed codification of German law for
another fifty years.

According to Savigny, a law made without taking into consideration the past historical culture
and tradition of community is likely to create more confusion rather than solving the problems
because law is not an artificial lifeless mechanical device. The origin of law lies in the
popular spirit of the people which Savigny termed as Volksgeist.

Savignys contribution to the development of historical school may briefly be stated under the
following heads:

1. Law develops like language: Savigny pointed out that law has a national character and
it develops like language and binds people into one whole because of their common
faiths, beliefs and convictions. According to him, law grows with the growth of the
society and gains its strength from the society itself and finally it withers away as the
nation loses its nationality. Law, language customs and government have no separate
existence from the people who follow them. Common conviction of the people makes
all these as a single whole.
2. Early development of law is spontaneous; thereafter jurists develop it: Savigny
stated that in the earliest stages law develops spontaneously according to the internal
needs of the community but after the community reaches a certain level of civilization,
the different kinds of national activities, hitherto developing as a whole bifurcate in
different branches to be taken up for further study by specialists such as jurists,
linguists, anthropologists, scientists etc. Law has to play a duel role, namely, as a
regulator of general national life and as a distinct discipline for study. The former may
be called the political element of law while the latter as a juristic element but both have
a significant role in the development of law. The history of Roman law furnishes the
best illustration of these processes. At its earliest stage, it was founded on general
consciousness of the people but as it grew and developed, it assumed the complex and
technical form of law of edicts.
3. Savigny was opposed to codification of German law: Savigny was not totally against
codification of laws. He, however, opposed the codification of the German law on the

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French (Napoleonic Code) pattern at that time because Germany was then divided into
several smaller states and its law was primitive, immature and lacked uniformity. He
opined that German law could be codified at a later stage when the unification of
Germany takes place and there is one law and one language throughout the country.
Since Volksgeist i.e. common consciousness had not adequately developed at that time,
therefore, codification would have hindered the evolution and growth of law. He
emphasised that codification of German law without having jurists of sufficient genius
and adequate expertise in Roman law would not serve the desired purpose as Roman
law formed an integral part of the German legal system at that time. He considered
lawyers and jurists as true representatives of the popular consciousness rather than the
legislators whose role is limited to law-making only.
4. Law is a continuous and unbreakable process: Tracing the evolution of law from
Volksgeist, namely, peoples spirit or consciousness. Savigny considered its growth as
a continuous and unbreakable process bound by common cultural traditions and beliefs.
It has its roots in the historical processes which should constitute the subject of study
for the jurists. According to him, codification of law may hamper its continuous growth
and therefore, it should be resorted to when the legal system has fully developed and
established.
5. Admiration for Roman Law: While emphasising Volksgeist i.e. peoples spirit or as
the essence of law, Savigny justified adoption of Roman law in the texture of German
law which was more or less diffused in it. He, located Volksgeist in the Romanised
German customary law and considered Roman law as an inevitable tool for the
development of unified system of law in Germany.

Problems with the Volksgeist


The writers of this persuasion seem to assume that every People" is in some way an
identifiable entity, with a corporate conviction or will of its own This approach later
crystallized in Gierke's theory of the real" personality of corporate bodies, and his desire to
establish the superiority of Germanic law, as against Roman law, in countenancing this view.
We are thus, in the first place, required to accept that collective groups possess some kind of
metaphysical personality distinct from the members comprised in the group, a view which
recalls the old fallacy that words are names of things, and that there must be a distinct entity
denoted by every word. But, more than this, it is implied that the notion of a people is a

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perfectly definite one that can be applied to specific groups which possess this mysterious
collective consciousness. This appears to postulate a degree of unity of thought and action in
particular nations, races, or the inhabitants of political units, of which there is little evidence in
human history. And it seems to ignore the role and effects of conquest by war; the position of
enslaved and servile populations; and the control of nations and empires by ruling minorities,
and the manner in which these latter may impose new patterns on their subjects (whether in the
spirit of a creative minority in Toynbees sense, or of a "power elite in that of Wright Mills
is immaterial). Nor does this theory deal adequately with the introduction of alien law and
custom by peaceful penetration, as in the case of a Western code being adopted in such a
country as modern Japan. Savigny was much exercised by the remarkable phenomenon of the
so-called "Reception of Roman Law into Germany in the sixteenth century, which he regarded
as the greatest and most remarkable action of a common customary law in the beginning of
the modern age. His explanation of this, however, as having being adopted into the popular
consciousness of the German People is hardly convincing, and is really little more than a legal
fiction. That to probe the spirit of the German Volk, Savigny went straight back to Roman
law is perhaps the strangest of paradoxes in Savignys thought.10

Legislation and Juristenrecht


It must be admitted that the historical school had at least, if in a most confusing manner, grasped
the important truth that law is not an abstract set of rules simply imposed on society, but is an
integral part of that society, having deep roots in the social and economic habits and attitudes
of its past and present members. Moreover, equally acceptable is the view that judges and
lawyers generally, as forming part of the society in which they live and have their being, reflect
many, if not all, the basic habits and attitudes of their society, so that the development of the
law, so far as it rests in their hands, will probably conform in a broad and general way to the
patterns of behaviour which are widely approved or at least accepted in that society. But this is
far from saying that the judge, in reaching a decision or framing a rule, is acting as a mere
organ of the peoples consciousness. A great deal of law, for one thing, is highly technical, and
a legal profession, like any other compact body, develops an impetus of its own which may
lead it in many directions, and by no means only in that one which would be approved or even
understood by the popular consciousness. Could it be pretended (remarks Sir Carleton Allen)
that a pious faith in the sanctity of seisin burns in the bosom of the Commonwealth suffusing

10
Michael Freeman FBA, Introduction to Jurisduction, Sweet & Maxwell, 9 th Edition, 2014, Pg. 914

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all its members with a healthy glow? Again, the judge, though he may be representative of his
country and age, nevertheless has a creative function in developing the law which cannot be
exercised by merely imagining how society as a whole would decide the question before him,
even assuming society is capable of forming any view at all. And to assert that in some
inexplicable and metaphysical manner the judges thought somehow connects on each
occasion with the Peoples mind is the merest subterfuge. Even Savigny recognizes that owing
to the complexity of developed law the precise details of decisions are a specifically juristic
task beyond the scope of the popular consciousness. But the gap is not bridged by simply
postulating an automatic correlation between lawyers law and popular consciousness (or
perhaps one should say, in more modern phraseology, sub-consciousness). Nor can this be laid
down even as a desideratum, for on many issues public opinion may be non-existent,
hopelessly divided or unascertainable, and on some matters at least the judge must be expected
to set a higher standard than one which is in fact observed or accepted by the mass of the
community.11 This is to say nothing of the view, already discussed, that law is itself the moulder
of custom rather than the reverse.

As for legislation, Savigny seemed greatly to underrate its significance for modern society. A
progressive society, as Maine later pointed out, has to keep adapting the law to novel social
and economic conditions, and legislation has proved in modern times the essential means of
attaining this end, however imperfectly. And with this objective, those who exercise the
legislative authority have frequently, while paying heed if not lip-service to public opinion, to
provide a lead in many directions where the public is confused or undecided, and even in some
cases where there may be widespread hostility to a proposed reform.12

4. RELEVANCE IN CONTEMPORARY WORLD

Historical jurisprudence is marked by judges who consider history, tradition, and custom when
deciding a legal dispute. It views law as a legacy of the past and product of customs, traditions
and beliefs prevalent in different communities. It views law as a biological growth, an
evolutionary phenomena and not an arbitrary, fanciful and artificial creation. Law is not an
abstract set of rules imposed on society but has deep roots in social and economic factors and

11
Lloyd, Public Policy, op. cit., pp. 126-127
12
Michael Freeman FBA, Introduction to Jurisduction, Sweet & Maxwell, 9 th Edition, 2014, Pg. 914

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the attitude of its past and present members of the society. The essence of law is the acceptance,
regulation and observance by the members of the society. Law derives its legitimacy and
authority from standards that have withstood the test of time and is grounded in a form of
popular consciousness called the Volksgeist. Kant emphasized that custom is the most
important source of law and co-related the development of society with that of law. He further
stated that law develops with society and dies with society. To him, legal system was a part of
culture of a people. Hence, law wasnt the result of an arbitrary act of a legislation but
developed as a response to the impersonal powers to be found in the peoples national spirit.

Laws arent of universal validity or application. Each people develop its own legal habits, as it
has peculiar language, manners and constitution. He insists on the parallel between language
and law. Neither is capable of application to other people and countries. The view of Savigny
was that codification should be preceded by an organic, progressive, scientific study of law
by which he meant a historical study of law and reform was to wait for the results of the
historians.

Savigny felt that a proper code [of law could only] be an organic system based on the true
fundamental principles of the law as they had developed over time. Savignys method stated
that law is the product of the Volksgeist, embodying the whole history of a nations culture and
reflecting inner convictions that are rooted in the societys common experience. The
Volksgeist drives the law to slowly develop over the course of history. Thus, according to
Savigny, a thorough understanding of the history of people is necessary for studying the law
accurately.

Savigny over-emphasized on the importance of customs and neglected the role of legislatures
in his theory. Though custom is recognized as an important source of law both at national and
international platform however custom cannot be the only source of the law. Customs need not
necessarily be always right. In India, the initial practices were inequality between men and
women, sati practice and child marriage, however over the development of society such
constrains were removed from the society. "Hindu law has always been to a great extent
customary." "The Code of Manu" was in force in India, Burma and Siam. Sruti, i.e. what was
heard, was source of law par excellence and might be referred to as the formal source of law.
Smriti, i.e. the recollections stand `next in order. Custom follows the next. The Parishads,
Puranas, Mimansa etc. come after them. Hence, custom was an important source of law in
ancient India. "Whatever custom, practices and family usages prevail in a country shall be

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preserved intact, when it comes under subjection by Conquest." To quote Manu, the custom"
which has come down by immemorial tradition and obtains among the castes pure and mixed,
is called approved usage." The Sage, Devala who has been cited in Parasar-Madhava, holds
that whatever customary law is prevalent In a district, city, town, village among the learned,
the said law though contrary to smritis must not be disturbed. Hence, in certain cases the weight
of customary law was found more than the written text of smritis, the formal law. From this,
the doctrine of "Factum valet" has come which means, "For a tact cannot be altered by a
hundred texts."

The Hindu law of succession and inheritance which ultimately got codified in the form of
Hindu Succession Act, 1956, was substantially based on the customary law of Dayabhaga and
Mitakshara School. Section 2 (2) of both Hindu Succession Act, 1956 and Hindu Marriage Act,
1 955 leaves open the door or tribal customary laws. The Hindu Succession Act. 1956 and
Hindu Marriage Act. 1955 do not apply to the tribals. So there is importance of Hindu Marriage
customs. The custom of "Saptapadi" has transformed into customary law seven steps' for
completion of Hindu Marriage. Without Saptapadi' the marriage is not complete. According
to Hindu Marriage Act, 1955, divorce can only be taken by way of a decree of a court. This is
however subject to the exception that if the divorce is sanctioned by the custom, that will be
duly recognized by law. According to this Act, marriage cannot be held between the parties
within the degree of prohibited relationship. Again, the proviso leaves open the option to apply
custom of marriage within the degree of prohibited relationship.

In the constitutional scheme, Articles 244, 244A, 371A Fifth and Sixth Schedules clearly
indicate the concern of the makers of the Constitution to preserve and maintain the customary
laws of the tribes. The Constituent Assembly Debates are documentary evidences in this regard.
Article 371 A unequivocally lays down that no Act of Parliament in respect of Naga customary
law shall apply to the State of Nagaland unless Legislative Assembly oi Nagaland by a
resolution so decides. In the Constituent Assembly Debates in the Constitution Hall, New
Delhi, during discussion on the 5th Schedule of the Draft Constitution on 5.9.1949, Sri Lakshmi
Narayan Sahu made some good observation regarding interaction of the Hindu and Adivasi
Customs. Some of the customs of the aboriginals have crept into Hinduism and some of the
useful customs of the Hind us have found place in the life of aboriginals. Sri Sahu worked with
aboriginals of Orissa. He had deep insight and he pleaded for protection of customary laws of
the tribes. Sri Gopinath Bardoloi joined him emphatically for preservation ol certain traditional
institution of Ao Nagas and other Hill Tribes. Quoting him; "There are certain institutions

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among these hill tribals which in my opinion, are so good that, if we wanted to destroy them. I
consider it to be very wrong".

The following are the essentials of a valid custom:

1. Antiquity
Section 3 (a) of the Hindu Marriage Act, 1955 provides that custom should be observed
for a long time. It should be ancient. In India custom need not be immemorial In the
English law sense. The courts have time and again held that if a custom is established
to be 100 years old or more it is of sufficient antiquity. Derett thinks that if it is 40 years
old it is enough.
2. Continuity
Continuity is as essential as antiquity. Discontinuity will destroy a custom. An obsolete
law can be repealed but there is no method of repealing custom except by abandonment.
Suppose, it is established that a custom has an antiquity of 400 years, but if it has not
been followed since then. It may be sufficient indication of its abandonment.
3. Certainty
Custom must be certain, and clear, not vague. One has to prove what exactly the custom
is and how far it is applicable with a reasonable amount of certainty. Let me give an
example. a vague assertion that divorce by mutual consent is allowed on the basis of
customary law is not sufficient. It has to be established that the alleged custom exists.
4. Reasonability
It should not be unreasonable. Of course, what is reasonable and unreasonable is a
matter of social values. It varies from time to time, place to place. An unreasonable
custom is void, although custom may not always be founded on reason.
5. Morality
An immoral custom is void. Like the standard of reasonability, the standard of morality
may differ from time to time and from society to society. Thus a custom under which
adoptive parents pay a sum of money to natural parents at the time of adoption or a
custom under which the trustees of religions institution is allowed to sell their trust is
void being against morality.
6. It should not be opposed to public policy and law
A custom opposed to public policy is void. A custom among dancing girls permitting
them to adopt one or more daughters has been held to be void being opposed to public

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policy and morality. A custom must not be opposed to statutory law. A custom opposed
to sacred law prevails, but no custom opposed to statutory law can be given effect.

A person who alleges or claims existence of custom has to prove it. Generally, customs are
proved by instances. There is no hard fast rule as to how many instances need be proved.
However, the court may take judicial notice of certain customs. When a custom is repeatedly
brought to the notice of the court, court may not insist on fresh proof.

5. CRITICISMS AGAINST SAVIGNYS THEORY OF LAW

Savigny's theory has been opposed by his critics on several grounds, the main among those are
as follows:

1. Volksgeist not the exclusive source of law: There are many technical legal rules which
never existed in nor has any connection with popular consciousness.
2. Inconsistency in the theory: He emphasised national character of law, but at the same
time recommended a method by which the Roman law could be adopted to modern
conditions & advocated for the acceptance of Roman law as the law of Germany.
However, this proposition fails to show how an alien system was better able to express
it than the indigenous law.
3. Customs not always based on popular consciousness: Many customs originated only
for the convenience of a powerful minority such as slavery. Similarly, customs
completely opposed to each other exist in different parts of the same country (local
customs).
4. Limitations of Volksgeist: In modern times, function of Volksgeist is that of modifying
& adapting rather than creating. Today, it is of little or no relevance.
5. Other factors: Savigny ignored other factors that influence law such as he forgot the
stream. He overlooked the forces & factors which influence & determine the growth
of law, e.g., law relating to trade unions.
6. Juristic pessimism: His contention was that legislation should conform to existing
traditional law or it is doomed, which view will not find favour today.

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6. CONCLUSION

The insufficiency of natural law school and analytical school had provided a fertile land where
Savigny sowed seeds of historical school. In his view on law, he emphasized on Volksgeist, a
unique, ultimate and often mystical reality linked to the biological heritage of a people.13 For
him, law was not the result of arbitrary act of legislature but the result of certain traditions and
customs. Only by a careful study of these traditions the true content of law was found. He
marked the Volksgeist or the national spirit as the criteria for the validity of any law. Although
the concept is insufficient and is subjected to criticism by many jurists, still its importance in
understanding the theory of law is a milestone as it emphasized the need of peoples acceptance
for the formulation of any law, which is a universal principle today. Despite the above criticism,
Savignys legal theory marks the beginning of modem jurisprudence. His theory of Volksgeist
interpreted jurisprudence in terms of peoples will. Thus it paved way to the modern
sociological approach to law laying greater emphasis on relation of law with society. Savignys
theory came as a reaction and revolt against the 18th century natural law theory and analytical
positivism. The only defect in his theory was that he carried the doctrine of popular will too
far.

Above all, Savignys legal theory served as a sound warning against harsh legislation and
introduction of revolutionary abstract ideas in the legal system unless the ushered support of
the popular will i.e. Volksgeist.

13
Freeman M.D.A., Lloyds Introduction to Jurisprudence, 7 th edi., Sweet and Maxwell Ltd.,London,2001 p.g.
906.

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7. REFERENCES

Books:

1. Michael Freeman FBA, Introduction to Jurisprudence, Sweet & Maxwell, 9th Edition,
2014
2. Dr. N.V. Paranjape, Studies in Jurisprudence & Legal Theory, Central Law Agency, 6th
Edition, 2013
3. Prof. S.N. Dhyani, Jurisprudence & Indian Legal Theory, Central Law Agency, 4th
Edition, 2011
4. V.D. Mahajan, Jurisprudence & Legal Theory, Eastern Book Company, 5th Edition,
2011

Websites:

1. http://www.academia.edu/428817/BASIC_CONCEPT_OF_SAVIGNY_S_VOLKSGEI
ST
2. http://www.legalserviceindia.com/articles/juju.htm
3. http://www.lawteacher.net/jurisprudence/essays/jurisprudence-legal.php
4. http://www.missouriwestern.edu/orgs/polanyi/TAD%20WEB%20ARCHIVE/TAD18-
2/TAD18-2-fnl-pg22-32-pdf.pdf

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