JHERING, RUDOLF VON (1818-1892), German jurist, was born on the 22nd of
August 1818 at Aurich in East Friesland, where his father practised as a
lawyer. Young Jhering entered the university of Heidelberg in 1836 and,
after the fashion of German students, visited successively Göttingen and
Berlin. G. F. Puchta, the author of _Geschichte des Rechts bei dem
römischen Volke_, alone of all his teachers appears to have gained his
admiration and influenced the bent of his mind. After graduating _doctor
juris_, Jhering established himself in 1844 at Berlin as _privatdocent_
for Roman law, and delivered public lectures on the _Geist des römischen
Rechts_, the theme which may be said to have constituted his life's
work. In 1845 he became an ordinary professor at Basel, in 1846 at
Rostock, in 1849 at Kiel, and in 1851 at Giessen. Upon all these seats
of learning he left his mark; beyond any other of his contemporaries he
animated the dry bones of Roman law. The German juristic world was still
under the dominating influence of the Savigny cult, and the older school
looked askance at the daring of the young professor, who essayed to
adapt the old to new exigencies and to build up a system of natural
jurisprudence. This is the keynote of his famous work, _Geist des
römischen Rechts auf den verschiedenen Stufen seiner Entwickelung_
(1852-1865), which for originality of conception and lucidity of
scientific reasoning placed its author in the forefront of modern Roman
jurists. It is no exaggeration to say that in the second half of the
19th century the reputation of Jhering was as high as that of Savigny in
the first. Their methods were almost diametrically opposed. Savigny and
his school represented the conservative, historical tendency. In Jhering
the philosophical conception of jurisprudence, as a science to be
utilized for the further advancement of the moral and social interests
of mankind, was predominant. In 1868 Jhering accepted the chair of Roman
Law at Vienna, where his lecture-room was crowded, not only with regular
students but with men of all professions and even of the highest ranks
in the official world. He became one of the lions of society, the
Austrian emperor conferring upon him in 1872 a title of hereditary
nobility. But to a mind constituted like his, the social functions of
the Austrian metropolis became wearisome, and he gladly exchanged its
brilliant circles for the repose of Göttingen, where he became professor
in 1872. In this year he had read at Vienna before an admiring audience
a lecture, published under the title of _Der Kampf um's Recht_ (1872;
Eng. trans., _Battle for Right_, 1884). Its success was extraordinary.
Within two years it attained twelve editions, and it has been translated
into twenty-six languages. This was followed a few years later by _Der
Zweck im Recht_ (2 vols., 1877-1883). In these two works is clearly seen
Jhering's individuality. The _Kampf um's Recht_ shows the firmness of
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account