Classical and early modern
The Historical School
Law grows out of a people's history and spirit, and cannot be invented from above.
Early 19th century · Germany, with an echo in Britain. Spotted a mistake? Tell us.
What is law?
Law is a product of a people's shared consciousness (the Volksgeist), growing like language, first through custom and then through scholars and jurists, not an act of will by a legislator.
Law and morality
Law mirrors the culture and values of a community, and is judged by how well it fits that development rather than by abstract reason.
Where does its authority come from?
Custom and tradition, then legal science: the scholars who gather and organise the law.
How should judges decide?
Judges and scholars should respect the historical development, return to the sources (above all Roman law) and avoid hasty codification.
The question it asks
Should law be written into a code, or left to grow?
Main criticism
Critics said the 'spirit of the people' is vague and conservative, that it hid lawyers' own choices, and that it resisted needed reform.
Legacy today
Comparative law and legal history, the idea of law as culture, the debate about codification, and the German science of legal concepts.
Key thinkers
Friedrich Carl von Savigny, Georg Friedrich Puchta, Karl Friedrich Eichhorn, Henry Maine.
- Sir Edward Coke (1552–1634)
- Charles de Secondat, Baron de Montesquieu (1689–1755)
- Friedrich Carl von Savigny (1779–1861)
- Sir Henry Maine (1822–1888)
Key works
- Savigny, On the Vocation of Our Age for Legislation and Jurisprudence (1814)
- Maine, Ancient Law (1861)
Compare with
Take it further
How legal systems and codes grew.
A whole chapter of black-letter law on one printable page. Free sample.
- Pocket guides $12
Short PDF reference books with closed-book self-checks.
Support this free tool
This guide is free, and it takes a lot of careful work to build and keep up to date. If it helped you, you can leave a small contribution. No account is needed, and nothing is sold to you.
A one-time card payment through Stripe. It is a contribution, not a purchase, and it is not tax-deductible.
Read further
Stanford Encyclopedia of Philosophy: philosophy of law (an overview). For the exact arguments, go to the original works above.
TheLawToKnow Tools’s guide to schools of legal thought is an educational overview. It is not legal advice. Report a mistake.

