Which concept is most closely associated with Friedrich Carl von Savigny's historical school of jurisprudence?
Correct answer: B. The Volksgeist or spirit of the people
- A. The command of a sovereign backed by sanctions
- B. The Volksgeist or spirit of the people
- C. The balancing of economic interests by courts
- D. The separation of law from all social practices
Explanation
Savigny regarded law as an organic product of a people's history, customs and collective consciousness, expressed through the idea of Volksgeist. The command theory belongs mainly to Austin, while economic balancing is linked with sociological approaches.
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Jurisprudence examines the nature, purpose and sources of law through the ideas of justice, rights, duties, sovereignty, liability and legal personality. It compares natural law, analytical positivism, historical, sociological and realist approaches, and considers how courts interpret legal rules, distinguish law from morality and resolve conflicts between competing principles.
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