Savigny: Law Rooted in People's Consciousness
The philosopher credited with the statement "Law has its source in the general consciousness (Volksgeist) of the people" is Savigny.
Understanding Volksgeist
- Volksgeist, a German term, translates to "people's spirit" or "national spirit".
- Savigny argued that law is not primarily created by legislators or judges but emerges organically from the shared customs, beliefs, and consciousness of a particular community or nation.
- This concept is central to the Historical School of Law, which Savigny significantly influenced.
Savigny's Core Argument
According to Savigny, law is found, not made. It develops over time, reflecting the unique character and evolution of the society it governs. This perspective contrasts with legal positivism or natural law theories that might emphasize legislative enactment or universal reason as the primary source of law.
Philosopher Comparison
- Savigny: Law originates from Volksgeist (people's consciousness).
- Other options like Kelsen (focused on norms), Hobbes (social contract), and Thibaut (codification) offered different views on the source and nature of law.
Therefore, Savigny is the philosopher who linked law directly to the collective consciousness of the people.
Important Questions from Mixed Topic (CUET PG)
- Who was the founder of Bolshevik Communist party?
- What is the key guide to statecraft in the realist tradition?
- Chronologically arrange the events in the Cold War period.
A. Berlin Wall is constructed
B. Communist China joins the UN
C. Soviet invasion of Czechoslovakia
D. Berlin Blockade
Choose the correct answer from the options given below: Morgenthau's principles of political realism are:
A. Politics is rooted in permanent and unchanging human nature which is basically self centred, self-regarding and self-interested
B. Politics is an autonomous sphere of action and cannot therefore be reduced to morals
C. International Politics is an arena of conflicting self-interests
D. The ethics of international relations is situational ethics which is very different from private morality
Choose the correct answer from the options given below:Who among the following political thinkers consider the anarchical self help system to be a compelling factor for States to maximise their relative power positions?
