“ We are what we
repeatedly do. Excellence then, is not an act, but a habit.” – Aristotle
(384BC-322BC)
The Key Figures:
1.
Friedrich von Savigny (1779-1861), “Law is never
created but it grows along with its society.”
2.
G.V. Puchta (1798-1846), “Law is like a living
organism. It is simply like language.”
3.
Sir Henry Maine, “Law is unikum.”
According to Savigny:
1.
There is no individual-humans, only
social-humans;
2.
Law is never created but it grows along with
society;
3.
Law is ‘supra-individuals’ (social phenomena)
related to history in its society;
4.
In primitive society, law is created without any
engineering process through the spirit of its society (Volksgeist);
5.
The Volksgeist is maintained with the supports
of political and technical elements.
Savigny believes that law is one
of several factors in the life of a nation such as language, custom, moral, and
constitution. So law is something ‘supra-individual’ or a symptom of society.
LAW = CULTURAL EXPRESSION/ REFLECTION OF THE SPIRIT OF NATION
Description: Law is never created.
It grows along with its society and is in line with the norms. Simply said law
is the spirit of its nation. It is simultaneously flowing in circle.
Law is like a language. There is
no moment of absolute cessation. It grows with the growth of society and
strengthens with the strength of the people, and finally dies away as the
nation loses its nationality.
The weakness is the positive law
is blurred (or maybe it’s a good one? LOL), and the progress of law is
depending on the society itself. It can be improved as long as is in line with
the spirit of the nation.
So it is hard to develop the law when the influence
from outside or external factor pushes and pulls the law.
The good point is, the law will
always fit the society because it is the spirit of the society itself.
The example of this thought is
customary law. I actually like this thought so I’ll keep it on my mind :)
I hope you can get what I was
trying to say, sorry for the mistakes! :*
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