Rudolf von Jhering

Rudolf von Jhering
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Name	Rudolf von Jhering
Birth date	22 August 1818
Birth place	Aurich, Kingdom of Hanover
Death date	17 September 1892
Death place	Göttingen, German Empire
Nationality	German
Occupation	Jurist, Legal scholar
Known for	Jurisprudence of interests, The Struggle for Law
Education	University of Heidelberg, University of Göttingen, University of Berlin
Notable works	Geist des römischen Rechts, Der Zweck im Recht

Rudolf von Jhering was a preeminent German legal scholar whose work fundamentally reshaped modern jurisprudence and the philosophy of law. Moving from the conceptual formalism of the Historical school of law to a pragmatic, purpose-driven approach, he argued that law is a product of social struggle and must serve societal needs. His influential concepts, such as the jurisprudence of interests and the social function of law, left an indelible mark on legal thought across Europe and the United States, impacting fields from sociology of law to legal realism.

Life and career

Born in Aurich, then part of the Kingdom of Hanover, he studied Roman law at the University of Heidelberg, the University of Göttingen, and the University of Berlin under scholars like Friedrich Carl von Savigny. He began his academic career teaching Roman law at the University of Basel before holding professorships at the University of Rostock, the University of Kiel, the University of Giessen, and finally the University of Vienna, where he gained great fame. In 1872, he returned to Göttingen at the University of Göttingen, where he remained for the rest of his life, declining offers from prestigious institutions like the University of Leipzig and the University of Berlin. His intellectual journey saw a dramatic shift from the abstract Pandectistics of his early career toward a more socially conscious legal theory, a transition that made him a celebrated but sometimes controversial figure in the German Empire.

Major works

His monumental, though unfinished, treatise Geist des römischen Rechts (The Spirit of Roman Law) established his early reputation as a master of legal history and dogmatics. The popular pamphlet Der Kampf ums Recht (The Struggle for Law), translated into numerous languages, presented his core idea of law as a product of conflict. His later, systematic magnum opus Der Zweck im Recht (Law as a Means to an End) fully elaborated his teleological philosophy, arguing that purpose is the creator of all law. These works, alongside numerous essays and lectures, systematically dismantled the prevailing Begriffsjurisprudenz (conceptual jurisprudence) of his time.

Legal philosophy and influence

He launched a powerful critique against the dominant Historical school of law and the abstract Pandectistics practiced by contemporaries like Georg Friedrich Puchta, which he famously satirized as "Heaven of Legal Concepts". In response, he founded the jurisprudence of interests, positing that legal rules are crafted to balance competing individual and social interests. This pragmatic approach directly influenced the Free law movement in Germany, the nascent sociology of law advanced by Eugen Ehrlich, and American legal realism as developed by Oliver Wendell Holmes Jr. and Roscoe Pound. His ideas also resonated with later thinkers like Philipp Heck and found application in the German Civil Code.

Concept of law and social purpose

For him, law was not a closed logical system but a human tool shaped by continuous social struggle and directed toward a social purpose. He defined this purpose as securing the conditions of social life, balancing individual self-assertion with communal peace. This framework made the state, through its coercive power, the ultimate guarantor of legal order. His theory emphasized practical consequences and societal utility, bridging the gap between formal legal doctrine and the realities of social life, thereby preparing the ground for interdisciplinary legal studies.

Legacy and recognition

His legacy is profound and multifaceted, cementing his status as one of the founding figures of modern sociological and teleological legal thought. He received numerous honors, including elevation to the nobility (hence "von Jhering") by the Emperor Franz Joseph I of Austria. The prestigious Jhering Medal is awarded in his name for contributions to legal science. His work continues to be studied globally, influencing not only jurisprudence but also political theory, the sociology of law, and comparative law, ensuring his place alongside giants like Savigny and Hegel in the history of legal philosophy.

Category:German jurists Category:Legal scholars Category:1818 births Category:1892 deaths