On Savigny's Legal View Of National Spirit

Savigny was one of the great German jurists in the 19 th century.He was the pioneer of the historical jurisprudence school.His legal thought had a profound influence on later generations.He believes that law is the embodiment of national culture,exists in the historical development of a nation and is the product of national spirit.Law is not the product of human rationality and is not controlled by rationality.The change and development of law is a process of natural evolution.In his time,his view of national spiritual law emphasizing natural evolution was different from that of natural law emphasizing human rationality leading legal change and development.His national spirit legal view broke the traditional natural law thought advocated that the law originated from human reason,which was also based on a reflection on the local national cultural tradition,which was undoubtedly a breakthrough in the field of law research at that time,and opened up a new horizon for people to understand the law.Savigny's legal thought of national spirit emphasizes the importance of local resources to the generation of law.He not only believes that law is native and not created by human reason,but also that the change and development of law is the reproduction and continuation of national spirit,which is the reason why he emphasizes the importance of custom in his legal view of National spirit.In his view,customary law and customary law are fundamentally and directly reflecting the national spirit,which is an important material for the generation of law.Based on the understanding and application of Savigny's legal view of national spirit,this paper first studies the origin,development and change of this theory from the social,political,economic and cultural background at that time,and then analyses the main contents and main points of Savigny's legal view of national spirit with some of his works and other documents.On the basis of understanding its legal concept of national spirit and combining with the needs of the current construction of the rule oflaw in our society,this paper puts forward some important enlightenments that should be used for reference.In addition to the abstract,introduction and conclusion,the main content of this paper is composed of the following parts:The first part is to analyze the background and development of the legal concept of national spirit.Mainly from the social background,theoretical origin,legislative debate three aspects to elaborate.Social background analysis includes political,economic and cultural contents.The political problems were mainly based on the international and domestic pressures faced by Germany at that time,while the theoretical origins were mainly based on the understanding of the relationship between national spirit and law by some scholars at that time and a little earlier,and Savigny's viewpoint on the legal concept of national spirit.On the basis of the analysis of these problems,the last focus was on Savigny and other scholars at that time.On the issue of German legislation,this paper analyses the emergence and development of the legal concept of national spirit.The second part is the main content of studying the legal concept of national spirit.It includes two parts: the basic connotation and the main point of view.The basic connotation mainly elaborates the relationship between Savigny's national spirit and law.Based on the analysis and elaboration of the relationship between national spirit and law by some scholars at that time and a little earlier,this paper mainly studies the connotation of Savigny's idea of national spirit put forward at that time.This paper focuses on his legal view of national spirit,which holds that law is the product of national spirit and is unique to a nation.The relationship between law and national spirit can not be separated is studied.In the main point of view,Savigny argues that law is the product of national spirit,and the study of German law should seek its origin from Roman law.Law is the result of natural evolution in stages rather than human rational understanding.He believed that Roman law should be chosen as the research object when exploring German national spirit,and combined with German reality in order to find a suitable legal system for the development of German nation.Savigny's view of national spiritual law upholds the view of legal evolution.He believes that the evolution of lawis from customary law to scholar law,and finally to codification stage.The third part is a comparative analysis of the legal concept of national spirit.This part makes a comparative study of the relationship between the legal concept of national spirit and national legal culture,national customary law and codification.In addition,it also expounds the limitations of the legal concept of national spirit.The fourth part is about the Enlightenment of the legal concept of national spirit to the construction of the rule of law society in China.Based on the analysis and research of Savigny's legal view of national spirit,we should absorb his strengths and avoid his weaknesses,so as to achieve the purpose of learning and applying.This paper mainly puts forward opinions and suggestions on the construction of our country's current social legal thoughts,the improvement of our country's legal system and the legislative technology applied in our country's current legislative process,especially in the aspects of legal transplantation and legal inheritance.