Question

The nature of any legal system is a reflection of the spirit of its people, which is known as Volksgeist.” Find out who from the following is the jurist, who rejected the theories of natural law as well as positive law.

• A. Montesquieu
• B. F. K. Von Savigny
• C. Henry Maine
• D. Georg Friedrich Puchta

Answer 1

The Correct Option is B

• The legal philosophy that “The nature of any legal system is a reflection of the spirit of its people, which is known as Volksgeist” is most notably attributed to the jurist F. K. Von Savigny. He is known for his rejection of the theories of natural law, which propose that there are universal, unchanging principles of justice that exist independently of human laws, as well as positive law, which emphasizes law as enacted by humans without considering the cultural context.
   
• F. K. Von Savigny posited that the law of a nation is deeply rooted in its culture and historical context, which is encapsulated by the concept of Volksgeist or the "spirit of the people." This implies that the laws cannot be understood outside of the social and historical framework from which they emerged, making them unique to each culture and time period.
   
• Hence, among the given options, F. K. Von Savigny stands out as the jurist who rejected both natural law and positive law theories in favor of a more historically and culturally contingent approach to legal systems.