Friedrich Carl von Savigny about Law: Law as Manifestation Soul Nation
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FH172032 (FH172032)
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Indonesian Islamic University
Abstract
Friedrich Carl von Savigny was a legal figure with high reputation. Hey was recognized as a fi gure and the founder of the school of historical jurisprudence. This article attempts to discuss what is meant by law, how his thoughts about law start, and how these thought might have urgency ...
friedrich carl von savigny about law law as manifestation soul nation
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Indonesian Islamic University
introduction to Legal Science
FH172032 (FH172032)
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Friedrich Carl von Savigny about Law: Law as
Manifestation Soul Nation
Abstract
Friedrich Carl von Savigny was a legal figure with high reputation. Hey
was recognized as a fi gure and the founder of the school of historical
jurisprudence. This article attempts to discuss what is meant by law, how
his thoughts about law start, and how these thought might have urgency
and relevant to the present context. this article shows, Savigny's thought
about law stems from his reflection on the development of law in civilized
nations, that law grows naturally in society and is not deliberately made
by certain (political) forces. Law is a part of social life that can be observed
in the form of people's behavior and consciousness, as well as language
and manners. it and other social aspects are united which arise from and
reflects the spirit of the people ( volksgeist ) as well. Savigny's thoughts are
urgent in a holistically placing laws in society and building laws that have a
continuity in the past, present, and futures. such thoughts become
relevant in the current legal development of a country which tends to have
a global- universal character, so that national law is reflected,
harmonized , and colored by the spirits of the people.
Keywords : Savigny; legal development; people consciousness; the spirit
of the people.
,M. Zulfa Aulia
Abstract
Friedrich Carl von Savigny was a legal figure with a very good reputation
tall. He is known as a figure as well as the founder of the legal school
of history ( historical jurisprudence ). In article This discussed What Which
meant by him as law, how did his thinking about law originate, and, in
context Now, How urgency And its relevance. Article This shows,
Savigny's thoughts on law stem from his reflection about development law
on nations Which civilized, that The law grows naturally in society and
is not made by nature deliberately by certain (political) forces. Law is
part of life social Which can seen in exists behavior And awareness
society, such as language and manners. Law and aspects other social is
a unity, which appears and at the same time reflects the soul of the
people or nation ( volksgeist ). Savigny's thought important in placing the
law holistically in society and building a law that has past, present, and
continuity future. Such thinking becomes relevant in development
current law of a country which tends to be global-universal in character, so
that in national laws it remains reflected, aligned, and has the color of the
soul nation.
Keywords : Savigny; legal developments; citizen's awareness; soul nation
A Introduction
Article This expose history figure Friedrich Carl von Savigny and
discuss his thoughts on recognized laws as "law is manifestation
from volksgeist, soul nation". This discussion is motivated by two
reasons: influence work And character Savigny. First, Savigny
produce work- important work in legal studies, especially in his
three writings: Das Recht dec Besitzes (the Right of possession), De la
Vocation de notre siecle pour la legislation et la science du drooit (The
Vocation of our age for Legislation and Jurisprudence) , and The System
of the Modern Romance law. These works in its development spread
widely: Which called First has translated to in Language Italy,
202 Undang: Jurnal Hukum, Vol. 3, No. 1
(2020)
, Friedrich Carl von Savigny tentang
Hukum
France, and England; the second mentioned has been translated into
Language Italy, France, And English; And Which called final has
available more from 150 year in Language English. 1
From works the Then understood that law is an incarnation or
manifestation of the soul of the people or nation, volksgeist .
Explanation connection linkages And attachment between law
And soul nation in Lots literature called as right copyrighted by
Savigny. In this article, even though it is used in alternate with
soul people, term soul nation more chosen as the equivalent of
volksgeist, which is a German term , and in English, as found in
two works The last mentioned Savigny in the English version, is
called spirits of the people. 2
Second, Savigny is a very influential figure in studies law
especially on Genre or sect Which categorized as historical law (
historical school of law, historical juris- prudence ). The flow of
historical law itself is a stream of law interpret, describe, and explain
complex relationships between theory law And historiography . _ 3
In Genre law history, Savigny is often cited as the initiator.
Savigny's thought in its development spread widely and also
influence development of law and legal studies in various parts
world. 4 In Indonesia, enforceability law custom become
Possible
1 Herman Klenner, “Savigny's Research Program of the Historical School of
Law and its Intellectual Impact in 19 th Century Berlin”, The American Journal
of comparative law, 37, 1 (1989), p. 67.
2 The explanation about the soul of the nation as the equivalent of this
volksgeist , because following the description of the meaning of
volksgeist , can be seen later in the footnote number 44.
3 William Twining, General Jurisprudence: Understanding Law from a Global
Perspectives (Cambridge: Cambridge University press, 2009), p. 228. In
legal studies, said Twining on the same page, legal schools history, along
with sociological jurisprudence , often categorized as a stream of law that
conducts theoretical investigations about actual legal phenomena in the
“real world”. Historical law itself in later developments is almost
exclusively attributed on idea evolution law.
4 In country speak English like English And America, according to Michael
Undang: Jurnal Hukum, Vol. 3, No. 1 203
(2020)
, M. Zulfa Aulia
due to, among other things, the influence of this historical legal
thought, Good on period colonial nor independence. 5
Because of the influence of these works and figures, then this
article that tries to cover it is clearly on the line lately in between
Lots article other Which Already especially formerly did, some of
which are even more today be read And influential rather than work
original from character Alone. 6
H. Hoe fl ich, approach historically Savigny to law impact on reform
political And law (including, Of course just, code fi cation) Which very
important in shaping the attitudes of jurists and scholars law there.
Savigny's impact and of course fame was looked at Hoe fl ich is not too
surprising, because of the intellectual connection between the German-
speaking world and the English-speaking world are not uncommon in
the nineteenth century. Germany at that time was seen as wrong one of
the most cultured and advanced societies so many can studied. German
is land literature And music, Which in there There is Goethe and
Beethoven, and now also law, with his character Savginy. Michael H.
Hoe fl ich, “Savigny and His Anglo-American Disciples”, The American
Journals of comparative law , 37, 1 (1989), p. 36-37.
5 On period colonial, view Savigny about law embraced by vans
Vollenhoven, Ter Harr, Holleman, and others, making it customary law
enforced as law that applies to native Indonesian groups in addition to
the enactment of Western civil law for European groups and which has
been codified in the Book of Laws act Law Civil (BW). Post colonial,
or period independence, it is the opinion of the historical school that
opposes the legal codification system adat is not adhered to, so
customary law has survived to this day. Although in its development
the codification system applies , this does not means turn off law custom
Because he adhered to system open or principle freedom of contract in
contract law. Zulfa Djoko Basuki, “School History And The effect to
Formation Law National”, in Philosophy of Law: Schools and Their
Reflections , ed. Lili Rasjidi And B. Arief Siddhartha (Bandung: Teenager
Rosdakarya, print second, 1994), p. 31 And 44.
6 This could happen for perhaps two reasons. First, the works discussing
Savigny and his thoughts is much easier to come by nowadays rather
than Savigny's own work. Many of them even can accessed in a manner
open ( open access ). Second, article Which special discuss a character and
his thoughts will usually be coherently described background and explain
the core thoughts of the Character, compared must read his work which
must identify , understand, and map it again. For this second reason,
this article too cannot be separated from and free from the influence of
identification , understanding, and mapping articles influential previously
Which discuss thinking The
204 Undang: Jurnal Hukum, Vol. 3, No. 1
(2020)
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