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Question

The following is NOT a meaning of law, as described by Savigny's theory ______________.

A
Law is universal in Nature.
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B
Law is found each and not made
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C
Law is the art of what is equitable and good
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D
Law is found and not made.
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Solution

The correct option is C Law is the art of what is equitable and good
  • Savigny, a prominent German jurist through his concept of Volksgeist introduced a new dimension in the legal arena and explains the need to understand the interrelationship between law and people. Law and people cannot be isolated from each other.
  • Savigny observed that the nature of any particular system of law, was the reflection of the “spirit of the people who evolved it.
  • Savigny remarked that law has a national character and it is found and developsed and not made, like language and binds people into one whole because of their common faiths, beliefs and convictions.
  • Savigny stated that in the earliest stages, law develops spontaneously according to the internal needs of the community but after the community reaches a certain level or civilisation, the different kinds of national activities, hitherto developing as a whole, bifurcate in different branches to be taken up for further study by specialists such as jurists, linguists, anthropologists, scientists etc.
  • Savigny considered law as a continuous and unbreakable process bound by common cultural traditions and beliefs.

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