Historical school and natural law

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The article presents the author’s view of the principle of the historical school, which, in his opinion, contains the theory of both the past and future legal education, despite the fact that the extremely conservative views of the founders of the historical school forced them to pay attention mainly to one of the phases of evolution law, namely the transition from the legal views of the past to modern legal concepts, and bypass the idea of progress and future development of law. The author argues that the ideal legal relationship created by the legislator and the legal philosopher should correspond to his ideal idea of the social state of society. The author believes that positive law and general legal forms, considered regardless of their content, seem to be the most definite and reliable and, perhaps, even the most important constituent parts of legal science, but, on the other hand, the exclusion of research on the ideal content of law from the field of jurisprudence contradicts the existing concept of the philosophy of law, which deals with the theoretical views laid down in the basis of legal norms.

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Legal ideas, rationalistic theories, philosophy of law, individual activity, historical explanation

Короткий адрес: https://sciup.org/14120364

IDR: 14120364   |   DOI: 10.47629/2074-9201_2021_1_51_59

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