Savigny's Historical Legal Methodology And Its Development

The essence of Savigny's understanding of law is that the law is born and bred,not created through rational legislation,which is the continuation and reproduction of the "national spirit".Savigny summed up the "national spirit" as the original and only source of the law.Savigny created the historic methodology of law,its three basic principles,methodology is an historic science of law,is a philosophical science of law,law is the unity of the historical science and philosophy of science.Historical methodology includes semantic interpretation,systematization and literature research.Savigny's understanding of the origin of law determines that his method of law research must be a historical jurisprudence method.The history of jurisprudence,the interpretation is history.Law is an organism of historical accumulation.The historic study of law must see the law as an evolving whole.Semantic interpretation method,the systematic method and the purpose of literature research is based on Roman law set up a systematic legal system and establish a method of law,which requires the combination of historical and systematic.The historical factor is to examine the interpretation results in the specific historical period of the enactment.The legal interpretation includes the principle of a special principle and the principle of universality.Legal science should have dual attributes,namely political and technical.Through the legal person's explanation,law theorists and practitioners reached a cooperative tacit understanding.The system is the general rule of rational construction.The core of the system method is to make the existing materials to form a unity through rational carding.Through the study of the system,the history of legal science is no longer broken,and the elements are not scattered,but become a whole.Savigny has always advocated the reconstruction of the German legal science by studying the Roman code in the historical jurisprudence.This fit the case with the general rule approach,from "individual" to the "general",from "general" to"individual" freely transformation ability is the Roman jurists is ingenious use of legal methods.The method of studying Roman jurists is the centre of gravity of the legal science of Savigny.Reflective reading requires that we maintain a reflective or critical reading position when reading texts.Historical reading requires readers to understand the works in a certain historical context during the reading process.