The Historical School of Law: Reflection of Ideas in Russian Criminal Law (Part One)

The urgency of this research arises from several unexamined aspects in modern criminal law, including the theoretical and practical need to clarify the various areas developed within the criminal law doctrine. This article aims to identify an independent historical school of criminal law in Russia, rooted in the theories by Friedrich Carl von Savigny and other Western scholars, and to delineate its three modifications: historicaldogmatic, historical-philosophical, and historical-comparative. It also seeks to identify key representatives of these areas and their perspectives on the emergence and evolution of criminal law, in particular, regarding their influence on legislation , such as the Penal Code of 1845 and the Criminal Code of 1903.

The first part of this research serves as a propaedeutic introduction to series dedicated to exploring the impact of the historical school of law on Russian criminal law doctrine in the 19th century. It describes this school and outlines the views of its proponents and opponents relevant to this trend in the Russian criminal law. The articles published in the journal State and Law (2025. № 1 and 2) are dedicated to Ivan E. Neiman, one of the founders of the historical school of Russian criminal law, and his prominent students both at the Imperial Kazan University and at the University of Dorpat.

The general purpose of this study is to elucidate how the historical school of law influenced 19th-century Russian criminologists' ideas and their reflection in legislation, particularly in the Code of Penal and Correctional Punishment of 1845 and the Criminal Code of 1903. The specific aim is to demonstrate how this school formed the conceptual foundation for Russian criminal law doctrine during that period. The theoretical framework for this research is grounded in dialectical materialism, supplemented by logical and historical-dogmatic methods.

This article traces the genesis of the historical school of law, examining its causes – including the so-called codification dispute – and describes the views of its most prominent figures: Gustave Hugo, Friedrich Carl von Savigny, and Georg Friedrich Puchta. These scholars recognized “the spirit of the people” as a source of law while critiquing Anton Friedrich Justus Thibaut. The assessments by Rudolf von Ihering, Otto Friedrich von Gierke, and other notable scholars are also presented. Furthermore, it explores how representatives from Russian legal history – such as Pavel I. Novgorodtsev, Sergei A. Muromtsev, and Nilkolai A. Kareev – perceived this school’s significance for both Russian law generally and criminal law specifically. Contemporary legal scholars' perspectives on the essence of discussions between historical and philosophical schools are also included (e.g., Valentina V. Emikh).

Main Conclusions: 1) Characterizing the historical school as foundational to Russia's 19th-century criminal law doctrine necessitates focusing on its key concept – the national spirit – which reflects national legal consciousness while contrasting it with natural law theories. 2) The division within this general theory into branches helps explain the emergence of three relatively independent areas within Russian criminal law thought: historical-dogmatic, historical-philosophical, and historical-comparative. 3) Analyzing criminal law doctrine requires consideration of Puchta's views on universal legal history to highlight differences between his ideas and those held by Russian criminologists aligned with the historical school. 4) The study of philosophical trends in Russian criminal law should be contextualized within fundamental differences among representatives of the historical school itself as well as between this theory and philosophical schools.

Keywords: criminal law; schools; historical school of law; conceptual foundations; Savigny; Puchta; the importance of historical school of law; historical school in Russian literature; discussion between historical and philosophical schools of law