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PROJECT ON SAVIGNY’S THEORY OF VOLKSGEIST AND ITS RELEVANCE IN CONTEMPORARY TIMES



Friedrich Carl von Savigny (21 February 1779 – 25 October 1861) was a famous 19th-century jurist and historian.Savigny was born at Frankfurt, of a family recorded in the history of Lorraine, deriving its name from the castle of Savigny near Charmes in the valley of the Moselle. Left an orphan at the age of 13, Savigny was brought up by a guardian until, in 1795, he entered the University of Marburg, where, though in poor health, he studied under Professors Anton Bauer and Philipp Friedrich Weiss, the former a pioneer in the reform of the German criminal law, the latter distinguished for his knowledge of medieval jurisprudence. After the fashion of German students, Savigny visited several universities, notably Jena, Leipzig and Halle; and returning to Marburg, took his doctor's degree in 1800. At Marburg he lectured as Privatdozent on criminal law and the Pandects.In 1803 Savigny published Das Recht Des Besitzes ("The law of possession"). Thibaut hailed it as a masterpiece which brought the old uncritical study of Roman law to an end.In 1808 Savigny was appointed ordinary professor of Roman law at Landshut. He remained in this position for a year and a half. In 1810 he was appointed to the chair of Roman law at the new University of Berlin, chiefly at the instance of Wilhelm von Humboldt.Savigny belongs to the historical school of jurists, founded by Gustav Hugo, and served a role in its consolidation. The works for which Savigny is best known are the Recht des Besitzes and the Beruf unserer Zeit für Gesetzgebung. According to Jhering "with the Recht des Besitzes the juridical method of the Romans was regained, and modern jurisprudence born." It was seen as a great advance both in results and method, and rendered obsolete a large body of literature.


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PROJECT ON SAVIGNY’S THEORY OF VOLKSGEIST AND ITS RELEVANCE IN CONTEMPORARY TIMES

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