The second half of the 18th - early 19th centuries. - this is the time when the closest attention was paid to the problem of law, its emergence and development, its influence on the formation of man and on the history of individual states. The historical school of law, the most famous representatives of which were the German scientists G. Hugo, G. Puchta and K. Savigny, was of particular importance in the sharp controversy.
These scholars began their activities with the criticism that natural law concepts of the origin of law were subjected to. G. Hugo and K. Savigny argued that there is no need to call for a radical change in the existing order. In their opinion, for any person and society, stability is the normal state, and not constant experiments aimed at adopting more progressive laws that should radically change the nature of man.
Historical Law Schoolwas based on the premise that this most important institution should by no means be regarded as guidelines imposed from above that society is forced to follow.
Naturally, in the formation of the legal space, the state plays a certain role, but far from being decisive in this matter. Legal norms as the main regulator of the life of society arise unexpectedly, it is 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 be generally recognized. In this case, the laws enacted by the state are just the final act to give legal force to legal norms.
The historical school of law, or rather, its representatives, were among the first to raise the issue 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 that was made by K. Savigny: the people have no right to forcibly change the existing order of things. He should try to adapt to existing conditions, even if they are contrary to his nature.
Another feature of this concept of the development of law was that German scientists for the first time tried to connectnational features and differences in the system of law. According to their concept, law develops along with the development of the people themselves, moreover, the legal norms affect the features of a particular national spirit. 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 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 influence on the development of social thought. In particular, Hegel's teaching on law is largely based on his understanding of this institution as a constantly evolving phenomenon with well-defined historical roots.
