Criticisms of Savigny's Theory of Law and Its Impact on Legal Development
Savigny's theory of law, centered around Volksgeist as the sole source of law, has faced criticisms for overlooking other factors influencing legal development. Critics argue that institutions like slavery were not shaped by Volksgeist but by ruling oligarchies, and Savigny's disregard for legislation and codification hindered the modernization of German law. The exclusion of judges' role in law creation and an overemphasis on Volksgeist are highlighted as limitations in his legal philosophy.
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CRITICISMS ON SAVIGNYS THEORY OF LAW Presented by: Rinkey Sharma Assistant Professor of Law IILS
CRITICISMS Volksgeist not always law: Dias says that many institutions like slavery have originated not in Volkgeist but in the convenience of a ruling oligarchy. Not clear who the Volk are and whose geist determines the law It is also not clear, who the volk are and whose geist is said to determine the law.
Volksgeist is not an exclusive source of law: According to Savigny, volksgeist is the only source of law in society, but it is not correct. Lord Llyod also said that Savigny underrated the significance of legislation for modern society. As far as society is developed the law is also to be developed in the society by legislation also. Other law influencing factors ignored: Savigny in his theory ignored other factors that helped to originate the law. He totally ignored the judge s function to create the law. Paton states that the creative work of the judges and jurists were treated rather too lightly by Savigny.
He was against the codification of law which is one of the most accepted forms of modern progressive legislation. This anti codification attitude of Savigny thwarted the growth of German law for several decades.
