Application of the historical method in Russian lawmaking in the first half of the 19th century: from practice to theory

Abstract

Тhe article is devoted to the substantiation of the scientific and practical significance of the application of the historical method in the legislative process on the example of the experience of Russian codification in the first half of the 19th century. The article proves that more than one hundred and thirty years of codification experience in the Russian Empire confirms the obligatory nature of the historical method not only in the implementation of codification, but also in the adoption of generally valid laws. The author believes that M.M. Speransky gave an example of the practical use of the history of law, critically reviewing the experience of previous codifications in the preparation of the Complete Collection and the Code of Laws and developing a technology for the scientific processing of historical normative material. The article proposes an updated and updated interpretation of the content of the historical method and reveals the significance of its application in modern lawmaking.