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Magisterial German jurist, founder of the "historical school" of jurisprudence.
A native of Frankfurt (Hessen), descending from a family of French Protestants, Friedrich Carl von Savigny studied at Marburg and Göttingen. He went on to become professor of civil law at the University of Berlin, from 1810 to 1842, and a judge on the Prussian court of appeals. He subsequently served in the Prussian cabinet as the minister for the revision of laws from 1843 until 1848.
F.C. von Savigny is perhaps best known for his 1814 pamphlet disputing proposals to codify German civil law, which had arisen in the aftermath of the Napoleonic wars. Savigny formulated an "organic" theory of legal and social co-evolution, arguing that an "idealist" or "rationalist" system of law, "imposed" from above, would inevitably fail to take root. As a result, Savigny argued that a "scientific" jurisprudence must necessarily be approached with a historical sense, first and foremost, to understand the interface between legal institutions and the Volksgeist (the spirit of a nation) in operation at that particular time and place. A systematic sense is useful, but only afterwards.
At the University of Berlin, Savigny challenged the dominance of the philosopher Georg W.F. Hegel and his followers. While Hegel had regarded history as an unfolding progress of ideas, Savigny emphasized the differences in historical periods. Savigny was highly influential on the German historical school of economics.
In jurisprudential circles, Savigny is also famous for his treatise on possessions (1803), his monumental critical history of Roman Law in the Middle Ages (1815-31) and his examination of modern Roman law (1840-49).
Major Works of Friedrich Carl von Savigny
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Resources on Friedrich Karl von Savigny
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