Historical School of Jurisprudence - Research Article from Encyclopedia of Philosophy

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Germany

To followers of Savigny the identification of law with custom and tradition and the Volksgeist, or genius peculiar to a nation or folk, generally meant a rejection of rationalism and natural law; a rejection of the notion of law as the command of the state or sovereign, and therefore a disparagement of legislation and codification; and a denial of the possibility of universally valid rights and duties and of the individual's possession of nonderivable and inalienable rights. In positive terms, historical jurisprudence identified law with the consciousness, or spirit, of a specific people. Law is "found" by the jurist and not "made" by the state or its organs. Law is a national or folk and not a political phenomenon; it is a social and not an individual production; like language, it cannot be abstracted from a particular people and its genius; it is a historical...

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This section contains 1,201 words
(approx. 5 pages at 300 words per page)
Buy the Historical School of Jurisprudence Encyclopedia Article
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Encyclopedia of Philosophy
Historical School of Jurisprudence from Encyclopedia of Philosophy. Copyright © 2001-2006 by Macmillan Reference USA, an imprint of the Gale Group. All rights reserved.
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