thank you but would also have appreciated more it if it was a little bit more elaborate. Unfortunately, any new Pan-European laws promulgated by existing elites will be deeply inimical to white racial survival and fundamental human rights. This is arguably erroneous considering the fact that the court itself is a creation of statute; S.6 of the Constitution of the Federal Republic of Nigeria 1999(as amended). It does not concern itself with the morality or immorality of the said law. The main challenge for a theory of law, as Kelsen saw it, is toprovide an explanation of legality and the normativity of law, withoutan attempt to reduce jurisprudence, or “legal science”, toother domains. A very good example is the fact that the Criminal Code which operates in Southern Nigeria doesn’t criminalise adultery. To say, it is a rule of action to which human beings conduct … Between 1806 and 1815, the conqueror Napoleon organized them into the Confederation of the Rhine. The Christian saints like Ambrose, Saint Augustine, etc. Legal institutions and values, like music, art, or language, are an indigenous expression of the culture. Law is the natural moral product of a people . One can only imagine how backward the society would be if strange customs like slavery and absolute monarchy were not abolished. straight to points The civil law system of the continent was thus a mixture of Roman law and local customary law. ed. Natural law and command theory. Popular sovereignty is the principle that the authority of a state and its government are created and sustained by the consent of its people, through their elected representatives (rule by the people), who are the source of all political power. Thank you so much Lanre, this piece is succinct and straight to the point . Orphaned at thirteen, without parents or siblings, the boy was raised by his father’s best friend, a prominent German attorney and government official who, from the age of 15, plunged Savigny and his own son “into a terrible course [of education], comprising the science of law, natural law, international law, Roman law, and German law”—an experience Savigny’s chroniclers compare to John Stuart Mill’s über-rigorous schooling. Savigny married into the famous Brentano family. The Constitution is also valid because it originates from the people and is accepted by them. This theory of law is spearheaded by John Austin. Opposing a French-style code for Germany, Savigny characterized the rationalistic legal mentality as one of “infinite arrogance” and “shallow philosophy.” Law, he maintained, could not be abstractly originated by a handful of individuals at a specified moment in time, but is organically created by the people of a nation as an expression of its Volksgeist. It also remained the law of the Eastern Roman Empire, centered in modern-day Turkey, until its collapse in 1453. Savigny’s theories of law are in accord with Hayek’s belief that social phenomena such as language, law, the family, morality, the free market, etc., objectively are (and normatively ought to be) the “results of human action but not of human design.” To attempt conscious, rationalistic constructions in such areas of life is an error characteristic of the totalitarian mind. It … No one who has studied the works of Nobel Prize-winning Austrian economist and philosopher Friedrich Hayek will fail to notice the parallels between his thought and Herder’s and Savigny’s. Notify me by email when the comment gets approved. To do this sort of analysis is to give great weight to ideas and the intellectuals who propound them. According to this school, there are four basic utilities: security, equality, liberty and abundance. [London: Littlewood, 1831]) and in an introductory article to the Journal of Historical Jurisprudence (Zeitschrift für geschichtliche Rechtswissenschaft), which he co-founded. Answer: Hans Kelsen was the who proposed the ‘pure theory of law’. I appreciate a lot. Historically, there has been a disjunction between the civil law systems of continental Europe and the common law systems characteristic of England and the English-settled countries. In 1814, A. F. J. Thibault, professor of Roman Law at the University of Heidelberg, a former student of Immanuel Kant’s at the University of Königsberg and, like Savigny, a German of French Huguenot descent, proposed a unified German civil code on the French model to remedy the chaos of existing law. The revival of classical studies during the Renaissance led to the resurrection of Roman law, as the Corpus Juris Civilis became the model for most of the legal systems of continental Europe. What is fair, equitable and just to one person may not be fair, equitable and just to another person. The definition has the following elements: The positivist theory of law has been criticised on numerous grounds. Herder’s Volksgeist is a manifestation of the people; it animates the nation. The way the society acts determines the kinds of laws that would be laid down. New developments in society create new problems and law is required to deal with those problems. Principles already settled as fundamental are invoked and run out to their consequences; and finally a rule is deduced which is declared to be the one which the existing law requires to be applied to the case. Again like Herder, the Volksgeist is best understood through careful examination of historical data. Expositorial Approach– Command of Sovereign. Virtually everyone has at a point in time given or received a bribe. Every people possesses its own cultural traits shaped by ancestral history and the experience of a specific physical environment, and mentally constructs its social life through language, law, literature, religion, the arts, customs, and folklore inherited from earlier generations. This is considering the fact that they are not justiciable by the provision of S.6(6)(c) of the 1999 Constitution. A very good example of this is the case of corruption in the Nigerian society. The Volksgeist, constantly changing and evolving as the German people changed and evolved, drove the slow evolution of law over the course of history. The primary difference between common law and civil code systems is ideological. Each of these norms trace their validity to a higher norm until it gets to the grundnorm.The grundnorm is the norm from which other norms get their validity. This article was very helpful and easy to understand. R. 417. J. S. Mill propounded the theory of reciprocal demand or the law of international values to explain the actual determination of equilibrium terms of trade. Indeed, when racialists try to establish even one-off personal connections they are often hounded mercilessly by Jewish organizations, communist street thugs, pliant politicians and journalists, and police agencies determined to strangle white unity in the cradle. Lockean Labor Theory Law and Legal Definition This theory was propounded by the philosopher John Locke. R. 637; 6 Eng. Today national civil codes are prevalent almost everywhere in continental Europe. ), In his civil law casebook (1994), John Henry Merryman asked (but did not answer) the question: “Does a nation have only one Volksgeist or do ethnically diverse nations have a Volksgeist for each cultural group?”. … Regarding human nature: it assumes that people are rational and they maximize their satisfaction in a non-market as well as in market behaviour. The theory is of the view that law should be made in accordance to the custom of the people. Another textbook example of the Volksgeist principle in action is Scandinavia, whose legal development has been described as follows: Legal attitudes and legislative practices among the Nordic peoples have been very similar, and highly democratic, since early times. One of the criticisms against this school is that it doesn’t specify a specific method for balancing the interest of the individual and community. The advocates of this school are neither concerned with the past of the law nor with the future of it, but they confine themselves to the study of law as it actually exists i.e. This is true even of currently favored groups like Muslims, with their Sharia law. Law is the unique creation of a race, a people, a Volk. He also taught the Crown Prince, subsequently King Frederick William IV of Prussia. (1815–1831), in which he traced the history of Roman law from the breakup of the empire until the beginning of the 12th century and showed how it lived on in local customs, towns, ecclesiastical doctrines, and school teachings until its reemergence in the Renaissance, System of Modern Roman Law (System des heutigen römischen Rechts), 8 vols. . This is done through the instrumentality of the courts. The application of Herder’s theory to law was made by German jurist and legal historian Friedrich Karl von Savigny (1779–1861). Savigny was born in Frankfurt, the son of a Lutheran father and a Calvinist mother. G. R KARE COLLEGE OF LAW. By this definition, it means that the only things that can be regarded as law are those that are enacted as such by the person authorised to do so. Thus, notwisthstanding what is contained in the statutes, since it is the courts that interprete the law, the law would be what the court pronounces it to be. The natural law theory of law is espoused by people like Zeno, Thomas Aquinas and Grotius. They are of the view that law can be deduced by man from reason as to what is right or wrong. This theory of law is of the position that there is an innate tendency in all humans helping to distinguish right from wrong. He started his career as Regius Professor of Civil Law in the University of Cambridge at an early age of twenty five. Examination of Law ‘as it is’ i.e. Checks and balances are applied primarily in constitutional governments. However, there are numerous criticisms for this theory of law. Sociological school and historical school . R. 417. to put forward or offer for consideration, acceptance, or adoption; set forth; propose: to propound a theory. The period was basically governed by the doctrine which the Christian father propounded for establishing the supremacy of the church over the state. 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