Alles Recht geht vom Volksgeist aus

Friedrich Carl von Savigny is considered the most important German jurist. His noble origins gave him access to the highest offices of state, while his refined intellect brought him into close contact with the authoritative poets of the time. His doctrine of the people's spirit as the origin of all law united these two worlds: Drawing on the ideas of Romanticism, he designed a program to overcome the old natural law and pave the way for a new legal order. But as revolutionary as his science was, politically he was opposed to the progress of his time. Both of these aspects still have an impact today: Savigny's scientific self-image still shapes legal doctrine, as does his skepticism about political change. This essay explores this tension between awakening and stagnation in Savigny's life, work, and aftermath.