Friedrich Carl von Savigny facts for kids
Quick facts for kids
Friedrich Carl von Savigny
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| Born | 21 February 1779 |
| Died | 25 October 1861 (aged 82) |
| Era | 19th century philosophy |
| Region | Western philosophy |
| School | German Historical School |
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Main interests
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Legal studies, legal philosophy |
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Influences
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Influenced
Anton Friedrich Justus Thibaut |
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| Minister of Justice of Prussia | |
| In office 28 February 1842 – 30 March 1848 |
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| Monarch | Frederick William IV |
| Preceded by | Karl Albert von Kamptz |
| Succeeded by | Alexander von Uhden |
Friedrich Carl von Savigny (born February 21, 1779 – died October 25, 1861) was an important German legal expert and historian. He is famous for his ideas about how laws develop and change over time. He believed that laws should grow naturally from a nation's history and culture, rather than being created from scratch.
Contents
Early Life and Learning
Friedrich Carl von Savigny was born in Frankfurt am Main, Germany. His family had a long history in the Lorraine region. When he was only 13 years old, he became an orphan. A guardian then took care of him.
In 1795, Savigny started studying at the University of Marburg. Even though he wasn't always healthy, he learned from great teachers. One of them, Anton Bauer, helped change German criminal law. Another, Philipp Friedrich Weiss, knew a lot about old laws from the Middle Ages.
Like many German students, Savigny visited other universities. He studied at Jena, Leipzig, and Halle. In 1800, he returned to Marburg and earned his doctorate degree. After that, he taught criminal law and Roman law at the university.
Savigny's Important Work
In 1803, Savigny published a book called Das Recht des Besitzes, which means "The Law of Possession." Other legal experts, like Anton Thibaut, praised it as a brilliant work. It helped change how people studied Roman law and became famous across Europe.
In 1804, he married Kunigunde Brentano. She was the sister of famous writers Bettina von Arnim and Clemens Brentano. That same year, Savigny traveled through France and southern Germany. He was looking for new old documents about Roman law.
Becoming a Professor
Savigny became a full professor of Roman law in Landshut in 1808. He stayed there for about a year and a half. In 1810, he moved to the new University of Berlin. This was thanks to Wilhelm von Humboldt, who wanted him there.
At Berlin, Savigny helped create a special court called a Spruch-Collegium. This court gave advice on legal cases sent to it by other courts. Savigny was very busy during this time. He taught classes, helped run the university (he was its third leader), and even tutored the crown prince in law. While in Berlin, he became friends with Barthold Georg Niebuhr and Karl Friedrich Eichhorn.
Laws and the "National Spirit"
In 1814, Savigny wrote an important paper called Vom Beruf unserer Zeit für Gesetzgebung und Rechtswissenschaft. This means "Of the Vocation of our Age for Legislation and Legal Science."
Another legal expert, Anton Thibaut, had suggested creating one simple set of laws for all of Germany. This new law code would be separate from old foreign legal systems. But Savigny disagreed. He argued that making a new law code too quickly would be harmful. He felt that legal science needed more time to fix problems from the past.
Savigny also worried that a new law code might be too influenced by "natural law." He thought this kind of law was too proud and based on "shallow philosophy." He believed that legal science should avoid "empty ideas." Instead, he said, we should study law by looking at its history. Savigny thought that a nation's laws should always show its "national spirit" (Volksgeist).
Starting a New Legal School
In 1815, Savigny, along with Eichhorn and Johann Friedrich Ludwig Göschen, started a journal. It was called Zeitschrift für geschichtliche Rechtswissenschaft, or "Journal for Historical Legal Science." This journal became the voice of the new German Historical School of law.
In this journal, Savigny announced an exciting discovery. His friend Niebuhr had found a lost ancient Roman law book in Verona. It was the Institutes by Gaius. Savigny confirmed it was Gaius's original work.
That same year, 1815, Savigny published the first part of his big work. It was called Geschichte des römischen Rechts im Mittelalter, or "History of Roman Law in the Middle Ages." The last part came out in 1831. He wanted to write about the history of Roman law from the 12th century onwards.
Savigny showed how Roman law, even after the Roman Empire fell, continued to live on. It was found in local customs, in towns, in church teachings, and in schools. Then, it became important again in cities like Bologna in Italy.
Later Career and Reforms
Savigny took on many important roles. In 1817, he joined a group that helped organize the Prussian local governments. He also became part of the justice department in the State Council (Staatsrath). In 1819, he joined the highest court for the Rhine Provinces. In 1820, he helped revise the Prussian law code.
In 1822, Savigny became ill and had to travel to recover. In 1835, he started another big work called System des heutigen römischen Rechts (System of Modern Roman Law). This work had eight volumes and was published between 1840 and 1849.
In March 1842, Savigny stopped teaching as a professor. He was appointed "High Chancellor" (Grosskanzler). This meant he was the head of the entire Prussian legal system. In this role, he made important changes to laws about things like bills of exchange (like checks) and divorce. He stayed in this job until 1848, when he retired.
In 1850, to celebrate 50 years since he got his doctorate, Savigny published his Vermischte Schriften (Miscellaneous Writings). This was a collection of his smaller works from 1800 to 1844. People all over Germany called him "the great master" of modern law. In 1851 and 1853, he published two more books on the law of obligations. He continued to argue that law must be studied historically.
Savigny passed away in Berlin. His son, Karl Friedrich von Savigny, also became an important figure. He was the Prussian minister of foreign affairs in 1849.
Savigny's Ideas and Impact
Friedrich Carl von Savigny was a key figure in the German Historical School of law. This school was started by Gustav Hugo. Savigny's most famous works are Recht des Besitzes and Beruf unserer Zeit für Gesetzgebung.
Another legal expert, Jhering, said that with Recht des Besitzes, the way Romans thought about law was rediscovered. He said it was the birth of modern legal studies. Savigny's ideas were a big step forward.
Savigny believed that law is a natural part of a nation's life. He disagreed with the idea that laws could just be forced onto a country. He thought laws should fit a country's culture and history. He also believed that the practical side of law and the theory of law must always stay connected.
See also
In Spanish: Friedrich Karl von Savigny para niños
