language." I'hus, each Volk develops its own individual characreristics: hence natural law varies frompeople to people. With di\'ision of labor comes specialization: for law the specialists are jurists. But the jurists are both the people and they represent the people. Law does not cease to he the aggregate existence of the communitv e\ en though it is more complex and artificial.'' dhe state is a natural de\ elopment for the people. But law in the common consciousness of the people is not that of abstract rules but the li\’ing perception of legal institutions in their organic relationship.'^ Legislation is suspect: if it does not represent the spirit of the \’olk it is had; if it does it is unnecessarv. " But legislation occurs, and is necessarv in changed circumstances of morals, attitudes, and needs.''’ d'he de\ elopment or great dependence (')f Nazi law from Sa\ igny is readily apparent. Law is the spirit of the people. But with the growth of the state the \'olk is represented hy jurists, then for the Nazis hv the NSDAF, who partake of the spirit of the people. Legislation, though \ ital, must not he \ iewed as containing abstract concepts, hut interpreted in the light of the spirit of the people (which corresponds to their needs and aspirationl' Hence the need for leadership.'" 31 Vom Beruf, pp. sff.; Systemdes heutigen römischen Rechts (Berlin, 1840), pp. i4ff. 32 VomBeruf, pp. jf. 33 System, pp. 2iff. 34 System, pp. 16. 35 VomBeruf pp. 9ff. 36 System, p. 41. 37 See, e.g. Loewenstein: "Formerly, German jurisprudence was legalistic and elaborate, perhaps inelegant and formalistic, but logically precise and strictly positivistic. Legal formalism under National Socialism is vague, and at the same time flamboyant;" 'Third Reich,' p. 783. 38 I have left aside the role of judges in this outline for the sake of simplicity, but it is similar in Savigny and Nazi theory; cf. the quotation from Freisler in Loewenstein, 'Third Reich,' p. 803. A remarkable link between Savigny and Frank is Rudolph Sohm, Institutionen. Geschichte and System des römischen Privatrechts 14th ed. (Leipzig. 1911), pp. 22ff. This section, 7, on fundamental conceptions may even be regarded as proto-Nazi. 174
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