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Rudolf von Jhering

For zoologist, seeHermann von Ihering.

Caspar RudolphRitter von Jhering[1] (German:[ˈjeːrɪŋ]; alsoIhering; 22 August 1818 – 17 September 1892) was a Germanjurist.[2] He is best known for his 1872 bookDer Kampf ums Recht (The Struggle for Law), as a legal scholar, and as the founder of a modern sociological andhistorical school of law. His ideas were important to the subsequent development of the "jurisprudence of interests" in Germany.[3]

Rudolf von Jhering
Born
Caspar RudolphRitter von Jhering

(1818-08-22)22 August 1818
Died17 September 1892(1892-09-17) (aged 74)
SpouseIda Christina Frölich
Philosophical work
Era19th-century philosophy
RegionWestern philosophy
Main interestsPhilosophy of law
Grave of Rudolf von Jhering in Göttingen, Germany

Life and career

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Jhering was born on 22 August 1818 inAurich, theKingdom of Hanover.[4] He entered theUniversity of Heidelberg in 1836 and also studied inGöttingen,Munich, and starting 1838 inBerlin, where he earned his PhD.[clarification needed] Of all his teachers,Georg Friedrich Puchta was the most influential one to him.

In 1844, after graduating as adoctor juris, Jhering established himself in Berlin asPrivatdozent forRoman law, and delivered public lectures on theGeist des römischen Rechts (Spirit of Roman law), the theme that may be said to have constituted his life's work. In 1845, he became an ordinary professor at theUniversity of Basel, in 1846 atRostock, in 1849 atKiel, and in 1851 atGiessen. He left his mark at each of those seats of learning; beyond any other of his contemporaries he animated the dry bones of Roman law.

In that period, the German juristic world was still under the dominating influence ofSavigny. The older school looked askance at the young professor, who attempted to build up a system of jurisprudence based onnatural justice. This is the keynote of his famous work,Geist des römischen Rechts auf den verschiedenen Stufen seiner Entwicklung (The spirit of Roman law at the various stages of its development, 1852–1865). Its originality and lucidity placed its author in the forefront of modern Roman jurists.

In the second half of the 19th century, Jhering's reputation was as high as that of Savigny's in the first half. Their methods were almostdiametrically opposed. Savigny and his school represented a historical approach. Jhering's conception of jurisprudence was as a science to be utilized for the further advancement of the moral and social interests of mankind.

In 1868, Jhering accepted the chair of Roman Law atVienna, where his lecture-room was not only crowded with regular students but also men of all professions and even high-ranking officials. In 1872 EmperorFranz Joseph I of Austria conferred a title of hereditary nobility upon him.

The social functions of the Austrian metropolis became wearisome, and Jhering gladly exchanged it for the repose of Göttingen, where he became professor in 1872. That year, he had read a lecture in Vienna before an admiring audience, published under the title ofDer Kampf um's Recht (1872; Eng. trans.,The Struggle for Law, 1879). Its success was extraordinary. Within two years it attained twelve editions, and it has been translated into 26 languages. In this, his most famous work, Jhering based his theory of duty in the maintenance of one'srights, firstly, on the connection between rights andpersonality; and secondly, on the solidarity of law and rights. The relationship of rights to personality is explored. Our rights involve a parcel of our social worth, our honor. Whoever violates our rights, attacks our worth, our honor.

This work was followed five years later byDer Zweck im Recht (The Purpose in Law, 2 volumes, 1877–1883). These two works reflect Jhering's individuality. TheKampf ums Recht shows the firmness of his character, the strength of his sense of justice, and his juristic method and logic: every responsible person owes a duty to himself to assert his rights. TheZweck im Recht evidences the bent of the author's intellect. But perhaps the happiest combination of all his distinctive characteristics is to be found in hisJurisprudenz des täglichen Lebens (1870; Eng. trans., 1904). A great feature of his lectures was his so-calledPraktika, problems in Roman law, and a collection of these with hints for solution was published as early as 1847 under the titleCivilrechtsfalle ohne Entscheidungen.

Aside from shorter positions atLeipzig and Heidelberg, Jhering continued to work in Göttingen until his death on 17 September 1892.[5]

His other works include the following:Beiträge zur Lehre vom Besitz, first published in theJahrbücher für die Dogmatik des heutigen römischen und deutschen Privatrechts, and then separately;Der Besitzwille, and an article entitledBesitz in theHandwörterbuch der Staatswissenschaften (1891), which aroused much controversy at the time, particularly on account of the opposition manifested to Savigny's conception of the subject.

Jhering was married to Ida Christina Frölich.[6] His oldest son was the German-Brazilian zoologistHermann von Ihering (1850–1930). He was also the great-great-grandfather of Australian singer and actressOlivia Newton-John through his daughterHelene Ehrenberg and her marriage to the German juristVictor Ehrenberg.

Jhering was elected a foreign member of theRoyal Netherlands Academy of Arts and Sciences in 1874.[7]

See alsoScherz und Ernst in der Jurisprudenz (1885);Das Schuldmoment im römischen Privatrecht (1867);Das Trinkgeld (1882); and among the papers he left behind him hisVorgeschichte der Indoeuropaer, a fragment, was published by Victor Ehrenberg in 1894.

In October 2018, the bicentenary of Jhering was commemorated by scholars of Roman law from several countries.

 
Flowers to commemorate Rudolf von Jhering 1818-2018
 
Plaquette at the birthplace of Jhering in Aurich, Germany

Selected works

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A bibliography of Jhering is provided by Tasia Walter.[8] His main works include:

See also

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References

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  1. ^"Genealogy of Tiemo Hollmann - von Ihering, Caspar Rudolph Ritter". Archived fromthe original on 4 July 2012. Retrieved29 June 2012.
  2. ^Ashworth, Philip Arthur (1911)."Jhering, Rudolf von" . InChisholm, Hugh (ed.).Encyclopædia Britannica. Vol. 15 (11th ed.). Cambridge University Press. pp. 413–414.
  3. ^"Utilitarianism | Definition, Philosophy, Examples, Ethics, Philosophers, & Facts | Britannica".www.britannica.com. Retrieved14 March 2023.
  4. ^Seagle 1945, p. 76.
  5. ^Seagle 1945, p. 88.
  6. ^"Genealogy of Tiemo Hollmann - Frölich, Ida Christina". Archived fromthe original on 4 July 2012. Retrieved29 June 2012.
  7. ^"R. von Jhering (1818 - 1892)". Royal Netherlands Academy of Arts and Sciences. Archived fromthe original on 16 October 2020.
  8. ^Walter, Tasia (2008)."Bibliographie zu Rudolf von Jhering"(PDF).Rudolf-von-Jhering-Institut für rechtswissenschaftliche Grundlagenforschung (in German).Archived(PDF) from the original on 17 October 2020. Retrieved17 October 2020.

Bibliography

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Further reading

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