Rudolf von Jhering
From Roman Law to Modern Jurisprudence
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Rudolf von Jhering (1818-1892) was one of the leading Roman lawyers in nineteenth century Germany and famously developed a sophisticated methodology for the "Begriffsjurisprudenz" (conceptual jurisprudence) of his time. At mid-career, however, he turned to a sociological and instrumentalist jurisprudence. His view of law as a product of social struggle and as a "means to an end" shaped twentieth century legal thought in Germany and beyond, especially in the United States. Jhering's work is marked by an extraordinary richness of ideas and perspectives but also by deeply-rooted tensions and cont...
Rudolf von Jhering (1818-1892) was one of the leading Roman lawyers in nineteenth century Germany and famously developed a sophisticated methodology for the "Begriffsjurisprudenz" (conceptual jurisprudence) of his time. At mid-career, however, he turned to a sociological and instrumentalist jurisprudence. His view of law as a product of social struggle and as a "means to an end" shaped twentieth century legal thought in Germany and beyond, especially in the United States. Jhering's work is marked by an extraordinary richness of ideas and perspectives but also by deeply-rooted tensions and contradictions. It raises fundamental questions about the law's historical contingency, its legitimacy and the ultimate meaning of justice.
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