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.