second half of the XVIII - beginning of XIX centuries.- The time when most attention was paid to the problem of law, its emergence and development, its influence on the formation of man and in the history of the individual states.Of particular importance in acute controversy unfolded in a historic school of law, the most famous representatives of German scientist G. Hugo, G. and K. Puhta Savigny.
its activity the scientists began with a criticism, which have been subjected to natural and legal concept of the origin of law.Hugh G. and K. Savigny argued that there is no need to call for a radical change in the existing order.According to them, for any man and society it is the normal state of stability, not constant experiments which aim at the adoption of more progressive laws to radically change human nature.
Historical School of Law based on the position that the most important institution in any case can not be regarded as imposed on top of the unit, which the company is forced to follow.Naturally, the formation of the legal space, the state plays a role, however, is not he belongs in this matter of crucial importance.Legal norms as the main regulator of social life appear suddenly, their appearance is very difficult to find some rationale.The right arises spontaneously, through constant interaction with one another, when those or other prohibitions or binding norms are beginning to wear a recognized character.In this case, the laws adopted by the State, it is only the final act of giving legal norms null and void.
Historical School of Law, or rather, its representatives, one of the first raised the issue that the development of the rule of law in society is an objective, it does not depend on the desires of the individual, even very influential people.At the same time, and this development affect the ordinary people can not, because all the changes are accumulated very slowly.Hence the conclusion that was made by K. Savigny: no rights to the violent change of the existing order of things people do not have.He must try to adjust to the existing conditions, even if they are contrary to his nature.
Another feature of the concept of rights was that German scientists first tried to link national characteristics and differences in the legal system.According to their concept of the right to develop, together with the development of the people, moreover, in the law affect characteristics of a national spirit.Thus, the historical school of law wanted to show the inapplicability of any transfer of legal rules from one country to another.According to scientists, such borrowing can only create a new hotbed of tension in society.
Historical School of Law, despite the very serious criticism from both his contemporaries and subsequent generations of Representatives, had a very significant impact on the development of social thought.In particular, the doctrine of Hegel on the right is largely based on his understanding of this institution as a constantly evolving phenomenon of definite historical roots.
