THE LEGAL SYSTEM: ORIGIN AND DEVELOPMENT OF THE THEORY Part 1. Ideas about the system of law in the German historical and realistic schools of law and in the Russian pre-revolutionary legal science

The first part of the article examines the ideas about the system of law formed within the framework of the German historical and realistic schools of law, as well as in the Russian pre-revolutionary legal science. As a result of the analysis of the works of German lawyers the author comes to the conclusion that in the forties and seventies of the XIX c. in German legal science the initial foundation of the theory of the legal system was laid, the main projections of its research were determined: the anatomical structure (the internal structure of law, its elements and the connections between them); origin (genetic connections that determine the development of the system and its elements); functional connections (legal «physiology»). In addition the importance of the «spirit of law», legal consciousness of the people, general principles, legal concepts, logical constructions for the formation of law as an intellectual system, logical and cultural integrity is established. Approaches to determine the correlation of national and universal principles in law, the role of legal doctrine, the professional class of lawyers in the creation of national systems of law and international law are outlined. In the Russian pre-revolutionary legal literature the idea of the legal system was further developed. In the works of N. M. Korkunov, L. I. Petrazhitsky, N. N. Alekseev, S. A. Muromtsev and other well-known Russian jurists the ideas about the legal system formed within the framework of Western legal culture were creatively rethought, completely new, original concepts of the internal structure of law were created.