Legal Romanticism: Savigny and the Concept of Volkgeist

Savigny's legal philosophy came to prominence when naturalistic rationalism signified the predominant mode of legal thinking in Europe. In the universe of legal naturalism, society as a whole did not undertake an important role in the formation of laws. Nor was history accorded with significance by those following the natural law school. It was in this environment that Savigny spoke of the 'common consciousness of people' and its prevailing presence in conceiving law. However, Savigny's views are expressed in the most ambiguous of manners. This essay commits itself to clarify the legal foundation of Savigny's jurisprudence through a philosophical and historical lens.