| The so-called "Historical School of Law" refers to the school of thought which first arises in Germany during the nineteenth Century. The school adheres to the historical empirical stance and advocates using the historical method to study the legal issues and explain the legal phenomenon. In their eyes, the law is the product of history process, which has the ethnic characteristics and cultural personality.Vico is the pioneer of the historical legal theory, while the comprehensive theory is established by Herder. On the other hand; it is also deeply affected by the contradiction between France and Germany. Although there are many jurisprudence theories during the whole nineteenth century, the Historical School of Law basically represent the mainstream of the development of legal thought. As the core thought, the Historical School of Law stands for the highest achievement.Hugo is the founder of the Historical School of Law, while Savigny is the most important one. Later in the source of the national spirit, there appears School of Romanist and the School of Germanic. Then they form the Concept of Law and the Object of Law. With the expanding influences of the Historical School of Law, there appears Maine, Maitland, and Carter as the representative of the advanced Historical School of Law in the nineteenth century. They inherit the German Historical School of Law’s basic ideas and make more new developments and contributions.As an important genre in the western legal thoughts, the Historical School of Law has made an indelible contribution. It promotes the development of the legal theory. Historical School of Law has promoted the historical prosperity, made nineteenth Century a real historical century. And The Historicism Trend which fills the entire nineteenth Centuty also promotes the prosperity of the Historical School of Law and makes it to the zenith of prosperity. |