Hegel critiques Gustav Hugo's approach to the history of Roman law for its attempt to rationalize laws and regulations that are fundamentally unjust and inhumane, such as the right to execute creditors, slavery, and the treatment of women and children as property.

Hugo justifies these on historical grounds, seeking explanations in the context of the times rather than assessing them against the standards of reason. In stark contrast, Hegel seeks to engage with Roman civil law in a way that acknowledges its influence on contemporary legal systems and addresses the foundations of legal rights in a society undergoing political and social transformation.

He argues that the upheaval of historical events has infused Roman legal concepts with new intellectual substance, relevant to the modern world. This reformation has redefined the concept of a "person" in law, expanding the rights and freedoms to all human beings, making freedom a core principle of legal rights. Thus, Hegel's perspective moves beyond historical justification to a critical engagement with law in the context of human rights and societal progress.