The second half of the XVIII - the beginning of the XIX centuries. - this is the time when the closest attention was paid to the problem of law, its appearance and development, its influence on the formation of man and on the history of individual states. Of particular importance in the acute debate that developed was the historical school of law, the most famous representatives of which were the German scholars G. Hugo, G. Pucht and C. Savigny.
These scientists began their work with criticism, which was subjected to the natural-legal concepts of the origin of law. G. Hugo and C. Savigny argued that there was no need to call for a radical change in the existing order. In their opinion, stability is the normal state for any person and society, and not constant experiments aimed at the adoption of more progressive laws that should fundamentally change the nature of man.
The historical school of law was based on the proposition that this most important institution should by no means be regarded as imposed from above the attitudes that society is forced to follow.
Naturally, in the formation of the legal space, the state plays a role, but it is far from its decisive role in this matter.
Legal norms as the main regulator of society’s life arise unexpectedly; it’s very difficult to find any logical justification in their appearance. Law arises spontaneously, through the constant interaction of people with each other, when certain prohibitive or binding norms begin to have a generally recognized character. In this case, laws adopted by the state are just the final act on giving legal force legal force.
The historical school of law, or rather, its representatives, was one of the first to raise the question that the development of legal norms in society is objective, it does not depend on the desires of individual, even very influential people. At the same time, ordinary people are not able to influence this development, since all changes accumulate extremely slowly. Hence the conclusion made by C. Savigny: the people have no rights to violently change the existing order of things. He should try to adapt to the existing conditions, even if they contradict his nature.
Another feature of this concept of the development of law was that German scholars for the first time tried to connect national characteristics and differences in the legal system. According to their conception, law develops along with the development of the people themselves, moreover, the peculiarities of a particular national spirit affect legal norms. Thus, the historical school of law wanted to show the inapplicability of the arbitrary transfer of legal norms from one state to another. According to scientists, such a borrowing can only create a new hotbed of tension in society.
The historical school of law, despite very serious criticism from both contemporaries and representatives of subsequent generations, had a very noticeable impact on the development of social thought. In particular, Hegel’s doctrine of law is largely based on his understanding of this institution as a constantly evolving phenomenon that has well-defined historical roots.