The Analysis On Legal Philosophy In Savigny's Conception Of Possession

Friedrich Carl von Savigny's "Das Recht des Besitzes" is a masterpiece that can not be neglected in the field of possession research.In this book,Savigny's conception of possession has a profound influence on the development of law and the practice of legislation.To study this problem deeply,we must turn to philosophy of law.However,China is lack of research in the related fields,especially from the perspective of legal philosophy.Expecting to understand the legal thought of Savigny deeply,this paper attempts to study Savigny's conception of possession,a basic conception of department law,from the perspective of philosophy of law.This paper is focused on the philosophy,view of history and methodology in Savigny' s conception of possession.In addition to the introduction and conclusion,this paper is divided into three parts,the main contents are as follows:The first part explores Savigny's conception of possession from the perspective of philosophy of law.According to Savigny's methodology of law,it is divided into three chapters.Firstly,Savigny not only rejected the theory of natural law but attempted to fix it.He broke through the abstract,fictional natural law theory,choose history's real existence of the legal provisions as a material,and paid attention to legal practice,with historicalism and positivism tendencies.Secondly,Savigny inherited personality theory.Kant's theory of personality rights is a legal philosophy foundation of Savigny's conception of possession,which makes it humanistic.Thirdly,Savigny combined systematic approach with history method to fix narural law theory.Hence,Savigny's conception of possession is not only an imitation of Roman law but beyond Roman law.We focus on the reasons why Roman law can replace Germanic law as Savigny's source of law and the application of systematic approach and history method.The second part returns to the text to study the defining process of Savigny's conception of possession from the perspective of philosophy of law,which confirms the the first part.Tobegin with,it introduces the background and writing purpose of this book.Inherited the tradition of Roman law,Savigny did not give possession a clear definition literally,but rather clearly defined the conception of possession through discussion.In the end,this paper summarizes Savigny's conception of possession.The third part is to defend Savigny's conception of possession against his opponents and summarize what we can learn from it.