Development Of The German Historical School Of Law And Its Significance

Early19th century, with the industrial revolution, the wind jurisprudencepragmatic academic research instead of virtual pan ideals, classical natural lawschool’s dominant position was fundamentally shaken and was violently attacked byacademia. In this very historical background, German Historical School of Lawsprang up. It developed for nearly a century and then declined. As a academic school,it suffered censure and criticism. People even regard it as a symbol of Conservation,reactionary and even retrogress. Through the fog of academic, we seem to see that thesun ofHistorical School of Law shines brightly. It has a deep influence on theacademic later and current reality.Savigny and represents German Historical School of Law, at that time, played asa link of transition of academic research from the classical natural law to positivism.They made academic research more and more evidence-based. The “historical andsystematic” research method completely broke the pure "Dualism" worldview duringthe period of the claasical natural law. And thus it virtually created a diversified era oflegal research. This is also the main research ideas and content of the essay.The essay is divided into four parts apart from the introduction and conclusion：The first part outlines the era background and academic background ofthehistorical School of Lawand the main theoretical spectrum and evolution ofthehistorical School of Law. At the beginning of19th, the classical natural lawdeclined. Meanwhile, the classical natural law was criticized and thehistoricalSchool of Lawcame into being, developed continuously and became the mainacademic school of the century. During its development, it differentiate into Romanlaw school represented by savigny and Germanic law school represented byEichhorn, and later series of evolution and differentiation.The second part introduces the process and the reasons for the decline ofhistorical school of law. During its slow decline, the historical school of law acted as atransitional link from the classical natural law to positivism and finally made lawpositive successfully. Furthermore, the article anal sizes the decline of historicaljurisprudence which is mainly differentiated by the method of internal view andserious differences between its internal behalf of the school eventually led to itsextreme and decline.The third part the historylaw school’s contribution to the study of and its impactare mentioned. It as an overall decline in the school already is beyond doubt. But theacademic point of view and its methods are not completely disappeared, the oppositewas later absorbed by many school dismembered, or even a profound impact onsubsequent academic development. Its historic, national legal concept of law in themoment all have a profound practical significance. Thinking "anti-duality" theorywhich creates a diversified academic research also has a profound impact.The fourth part demonstrates the value and significance of the history schooloflaw. Although the later its academic played an important guiding role, the times theybring diversity study of law itself is hidden deep "crisis", and diversification of thetimes my self-rescue process Many of Its lessons have the new value. Meanwhile, thecurrent practice of the rule of law, the Historical School of Law and Humanitiesinherent in nationality laws and the reality of care have indicative value, the rule oflaw in the construction of the moment into full consideration of these values hasfar-reaching significance.