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Savigny,
Maine,
Putcha and Vinogradoff.
is
known
as
VOLKSGEIST THEORY FRIEDRICH KARL VON SAVIGNY (1779 1861) Laws is a matter of unconscious growth. It grows like language, manners and customs unconsciously in the society. Custom is superior to law. All laws is originally found in the manner in which customary law is said to be found.
Law is first shaped by the customs and popular beliefs and then by juristic activities. Every where therefore by silent eternal (endless) operating power and not by the arbitrary will of law maker law comes into existence.
Law is like language Law grows with the growth and strengthen with strength and finally dies away when nation looses its nationality.
Savigny was of the view that for codification two element are required for codification:
Political element Technical element. The Volksgeist or the sprit of people constitutes the political element The technical element means juristic skill for codification.
He said that when Thibaut advocated for the codification in Germany not only political element but juristic skill requires for codification was also lacking.
Criticism: The bulk of rules of custom have not originated in volksgeist . The ancient institution of slavery was based on the economic necessity and not on popular consciousness. Certain branches of law such as Law of Merchants have a universal character. He over emphasized the custom and ignored the legislation.
Savigny emphasized the national character of law, while advocating national character of law he entirely rejected the study of Germany law and inspiration from Roman law.