Shadrin Vladimir Mikhailovich,

lecturer at the Department of Constitutional and Administrative Law, South Ural State University, Cand. Sc. Law, Associate Professor, 76 Lenin Av., 454080 Chelyabinsk. E-mail: tgp@csu.ru

Baigutlin Rasul Ismagilovich,

340.141

This article focuses on the main approaches to understanding and defining customary law as a legal phenomenon and part of the national culture. That being said, the topic is covered in the historical aspect and in the context of understanding of law problems taking into account the interaction between domestic and foreign scientific traditions. Thus, the author analyzes approaches to the problem of German lawyers, members of the historical school of law. The formation and development of the theory of customary law in the national historiography is considered by the example of the views of followers of the historical school, as well as legal positivism, sociological and psychological directions of Russian jurisprudence.

customary law, custom, source of law, historical school of law, psychological theory.