Natural law and the "spirit of the people" in the teachings of F.K. von Savigny.

Abstract

The article analyzes the legal concept of F.K. von Savigny, which is contrasted with the traditional theory of natural law. He believed that the universal mind, embodied in the "spirit of the people" as its internal substance, contains the entirety of the ideas of law recognized by the people. According to F.K. von Savigny, the significance of the work of the legislator lies in the fact that he eliminates the uncertainty in law that is contained as a result of historical development, not clarified and not fixed by law. The written norms adopted as a result of legislative activity record the achieved result of the development of law, although at the same time, as F.K. von Savigny, the very process of such development slows down.