19th and 20th centuries
Rudolf von Jhering
1818–1892 · Germany and Austria · Jurist and professor
1800 BCAD 2000
Life and ideas
Rudolf von Jhering was a German jurist who taught at Basel, Rostock, Kiel, Giessen, Vienna and Göttingen. He first made his name with a brilliant account of Roman law in its 'spirit', and became associated with the jurisprudence of concepts, in which law is treated as a logical system of concepts. In the later part of his career he came to doubt this and mocked the 'heaven of legal concepts'. In The Struggle for Law (1872), a lecture that became a worldwide success, he argued that law is won in a struggle, and that to defend one's right is a duty to oneself and to the community. In Law as a Means to an End he held that law is made by society for a purpose and that its purpose, social utility, must guide it. He thus opened the way to sociological jurisprudence.
The big idea
He began as a master of the 'jurisprudence of concepts' but came to see law as a means to a social end, made and enforced through struggle, and that rights are won by those who defend them.
Main work
The Struggle for Law (1872); Law as a Means to an End (1877–1883)
Legacy
A bridge from conceptual jurisprudence to the sociological and realist movements.
The school of thought
- Legal Formalism and Conceptualism: Law is a logical system of rules and concepts from which a judge can reason to the answer.
- Sociological Jurisprudence: Study law in society: what it does, whom it serves, and how living practice differs from the books.
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