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Abstract
In the century before the Classical period of social science, a number of modes of scholarship made use of the concept of
Geist translated in English as Spirit or Mind. The concept was relational, and connected the universal and particular in an
organic unity. This article traces the history of the concept from its origins in Christian theology to Montesquieus Spirit of the
Laws. Later applications in German philosophy included Herders nationalism and Hegels dialectical idealism. The concept
had direct inuence on the historical legal sciences until falling into disrepute as a result of application in spiritualism and
Nazi ideology.
Introduction
Early in his classic essay, Max Weber asked the readers
forgiveness for using the somewhat pretentious sounding
expression Spirit of Capitalism (Weber, 2002: p. 8). He then
explained that his object of study could not be dened, but
only illustrated. To that end, he referenced Benjamin Franklins
words embodying this ethically slanted maxim for the
conduct of life (Weber, 2002: p. 11). No one doubts the
inuence of Webers Protestant Ethic and the Spirit of Capitalisms
inuence on the social sciences. Yet, few today recognize that
Webers use of the term spirit, or Geist in the original German
was not of his own invention. Rather, within the legal sciences
in which Weber was trained, the term was a technical concept
characteristic of his Age. To grasp this usage, we must reconstruct the context in which the concept was situated.
Unfortunately, though widely used throughout the nineteenth century, Geist did not have a clear-cut conceptual denition, translatable across different disciplines or authors
employing the term. The word reects a disparate set of meanings sometimes referring to a specic object of study in
cultural studies, and sometime to the totality of the cosmos. The
complex denitional constellation in the German language,
where the term was employed most regularly, is reected in the
difculty of translating Geist into English. The three most
widely used translations are Spirit, Mind, or Ghost. The last is
etymologically closest, reecting the Germanic origins of
English. However, in academic texts, Spirit and Mind are more
frequently employed. In other instances, as in, Zeitgeist
literally, the spirit of the age the term is left as is.
This summary conceptual history will not provide a rm
denition, but rather traces the historical development of
a wide set of usages that the term has engendered during the
modern period. Just as Weber could not dene the particular
spirit of capitalism, but only describe it, so too will this history
of the conceptual usage of Geist provide illustration of the
meaning for those who used it.
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International Encyclopedia of the Social & Behavioral Sciences, 2nd edition, Volume 9
http://dx.doi.org/10.1016/B978-0-08-097086-8.03120-2
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To Hegel
Since the dense history of philosophical idealism cannot be
condensed easily, a summary of the line from Fichte to Schelling to Hegel can serve as a point of arrival at the high watermark for the role of Geist in German thought.
Johann Gottlieb Fichte was the rst to take the inaccessible
thing-in-itself from Kants noumenal realm to human
consciousness itself, asserting the knowing subject becomes
truly and authentically Geist in the course of wilful activity.
Rather than subjective consciousness contrasted against an
objective real, Fichte recognized the intersubjectivity of selfconsciousness accessible through human action.
Friedrich Schelling further extended Kants observation that
the world must be organized in a way that allowed
consciousness access to reality to develop a natural philosophy
in which the ideal springs from the real. The world becomes
one of the ineffable experience and feeling. In contrast to the
scientic knowledge given primacy by Kant and the Enlightenment, the Romantic world of Nature becomes the ultimate
site of truth.
Hegels philosophical system represents the synthesis of the
three positions of Kant, Fichte, and Schelling. In The Phenomenology of Spirit, he criticized Kants formal system as a synoptic
index like a skeleton with tickets stuck all over it which
loses connection to living reality (Hegel, 1967: p. 110).
Schellings Romantic alternative vision of an Absolute world of
sensation and feeling proves no solution as Kants bright
noonday light becomes a night in which all cows are black
(Hegel, 1967: p. 79). Mediating between the two extremes,
Hegel extended Fichtes emphasis on self-consciousness by
positioning the emergence of reexivity within a historical
trajectory of the Absolute Idea. Over time, the Absolute has
developed the means through which it can nally become
conscious of itself.
Hegels synthesis extends Schellings Idea as objectively
encountered in Nature. And yet, reality is always being realized
through an objective process moving teleologically toward
higher levels of self-knowledge. Idealist philosophy has
provided the basis upon which Spirit now recognizes itself as
the grandest conception of all, and one which is due to
modern times and its religion. Spirit is alone Reality. It is the
inner being of the world (Hegel, 1967: p. 86).
Hegel introduced his conception of Geist in The Phenomenology of Spirit completed in 1806 at the very moment French
Revolutionary forces entered his home town of Jena. Indeed,
Hegel described Napoleon Bonaparte as the World-Spirit
(Weltgeist) on horseback. As the embodiment of the concrete
universal, Napoleon, like other great men of history, realized
objectively the unfolding Absolute. This social philosophy of
history is revisited within the Philosophy of Right written in 1821.
The State is objectied spirit for Hegel, which is achieved to the
extent social freedom is actualized in law. Coercive prohibitions allow individuals to go about their business without
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interference, while the law reects the morals and will of the
people. The citizen confronts the State as an ordered, objectied Idea, which is rational, not in a formal logical sense, but
rather as dialectic moving through the spiral of historical
trajectories and higher planes of integration.
Hegels political theory obtained an immense inuence
within the Prussian state during the Vormrz (pre-1848) period.
His conception of the State as the objective embodiment of the
World-Spirit provided conservative justication for the statusquo and the ultimate authority of civil servants, like himself
as professor of philosophy at the University of Berlin.
inuential pamphlet titled Vom Beruf unserer Zeit fr Gesetzgebung und Rechtswissenschaft (On the Vocation of our Age for
Legislation) (Savigny, 2002) during the course of a debate over
legal codication with the jurist Anton Friedrich Thibaut in
1814. The document would become the foundation of the
German Historical School of Law. Savigny suggested that the
law was derived from the Volksgeist (spirit) of the population;
the result of custom, language, and the particularities of the
nation from which the law emerged. At the same time, an
internal, organic drive compelled the evolution of law
according to silently operating powers (Reimann, 1989). In
contrast to the formalism and positivism of Thibauds projected codication project, Savigny insisted that too little was
known of the actual cultural spirit of the German people.
Without precluding the possibility of codication in the future,
the task of a realistic historical jurisprudence managed by
trained legal scientists was a necessary precondition for
successful legislation.
Savigny separated the study of legal science into two
modes the systematic and the historical. With reference to the
Roman Institutiones collated during the sixth century CE reign
of Justinian I, Savigny argued for the systematic treatment of
the abstract relations between laws and civilization. However,
equally essential was historical analysis of the particularities of
the Geist at different times and places. The historical school
Savigny inaugurated became consolidated around the Zeitschrift fr geschichtliche Rechtswissenschaft founded in 1815 with
Karl Eichhorn and Johann Gschen. Though Savigny, like
Hegel, was criticized in 1848 as a spokesman of the conservative forces of the Vormrz period, the Zeitschrift had been one of
the primary vehicles for political criticism during a period of
radical censorship in German lands as a result of Metternichs
Carlsbad Decrees. Embedded within the arcana of Roman
historical detail were indirect claims for ideal constitutional
reform. Though presented as the objective description of
historical fact, legal science was a Trojan horse for political
science and normative political theory. Romanist scholars, like
Savigny and Berthold Niebuhr, focused on the ideal freedom
obtained in the early Roman Republic, contrasted against the
conict and chaos of the later Empire. In so many words, liberal
Republicanism for Germany was projected on and through
historical Roman images. All the while, the conservative
inuences of Montesquieu, Burke, Herder, and Hegel came
through insofar as no revolution was projected; rather, careful
thoughtful evolutionary reform according to tradition and
national spirit.
A second wing of the legal science movement dedicated
attention to scholarship into existing German culture itself.
Through the work of Eichhorn and especially Jacob Grimm,
who collected the folktales and customs of German villagers
with his brother, an image of the German Geist was obtained
and interpreted by the Germanists. Images of the Gemeinwesen,
or, civil community, were constructed out of the etymological
and philological interpretation of symbols in faerie tales.
For example, Grimm traced the legal concept of Lsegeld
(compensation in tort claims) to the archaic form of the word
Otter, thereby connecting to a story of a hunter who infringes
upon the property rights of farmer whose son had transformed
into an otter (Crosby, 2008: p. 112). Similarly, the familiar
Cinderella story of the glass slipper should be understood in
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Bibliography
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Crosby, M.B., 2008. The Making of a German Constitution: A Slow Revolution. Berg,
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Relevant Websites
www.academia.edu/428817/BASIC_CONCEPT_OF_SAVIGNYS_VOLKSGEIST Basic
concept of Savignys Volksgeist.
www.counter-currents.com/2011/05/herders-theory-of-the-volksgeist Herders
Theory of the Volksgeist
www.counter-currents.com/2011/05/savigny-the-volksgeist-and-law Savigny: The
Volksgeist & Law.