Historical School of Law

Friedrich Carl von Savigny in his "System of Modern Roman Law" (1840) wrote: "In the jurisprudence every success depends on the interaction of various types of spiritual activities. In order to select one of these species and determine the corresponding direction in Law I and other researchers at the time coined the term "school of history."

At the time, this aspect of jurisprudence particularly advanced to the front, but it was done not to deny or downplay the value of other areas, and in view of the fact that for a long time, the historical approach is not used in Law and therefore are more than anywhere else was necessary incentive effect in order to re-establish the natural rights of historicism in legal science. "

Historical school of law has developed in the first half of the XIX century. in Germany. Its founders were prominent German lawyers - Hugo, Puchta, Savigny, who were in opposition to the doctrine of natural law, and developed his theory in opposition to it.

Although later, in the early XX century., Representatives of the school of sociology in Germany E. Ehrlich and G. Kantorovich accused historical school is that it is not free from the concept of natural law, according to which only the judge knows and apply the law, but does not create it .

Indeed, common in the historical school of law with natural law theory can be regarded as the position that the right is not created by the legislator, it is not going arbitrariness. The founders of the historical school was represented by the formation and development of the law as a spontaneous, spontaneous, almost independent from the legislative activity of the state, as well as the formation of the spirit of the people and their language.

Thus the main source of law was considered custom and legitimate that the previously established and exists. Under the laws are derived from the common law, which comes from the depths of the national spirit.

Historical school of law was influenced by the processes of the right of medieval Europe, when reception of Roman law required a historical analysis of the legal material.

In this connection, this school of thought contributed to the formation of the historical method in jurisprudence. A historicism as a method gave rise to a new science - the history of law. In all this, much of the credit history

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