Explanation:

Correct option 1: Savigny

Friedrich Carl von Savigny, a prominent historical school jurist, asserted that custom is the badge (or sign) of positive law, not its origin. This means custom reflects the existence of law already accepted by society, but it does not create law independently. Savigny emphasized that law evolves organically from the "Volksgeist" (spirit of the people) and that custom merely expresses this pre-existing legal consciousness.