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Reimann, Mathias

Rudolf von Jhering

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From Roman Law to Modern Jurisprudence

Mohr Siebeck
978-3-16-164001-8
1. Aufl. 2025 / 452 S.

Monographie/Dissertation

Termin: Mai 2025

Kurzbeschreibung

Reihe: Beiträge zum ausländischen und internationalen Privatrecht. Band: 146

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.