The Historical School

The Historical School is a legal theory from 19th-century Germany that emphasizes understanding the law through its historical development and cultural context. It argues that laws are shaped by a nation’s unique history, customs, and societal norms, rather than being fixed or universal rules. Proponents believe that studying the legal history of a country helps interpret its laws correctly and ensures they reflect its societal values. This approach contrasts with more rigid, formalist views that see laws as timeless standards, highlighting instead the importance of evolving legal traditions rooted in a nation’s specific historical background.