his character, the strength of his sense of justice, and his juristic
method and logic: "to assert his rights is the duty that every
responsible person owes to himself." In the _Zweck im Recht_ is
perceived the bent of the author's intellect. But perhaps the happiest
combination of all his distinctive characteristics is to be found in his
_Jurisprudenz des täglichen Lebens_ (1870; Eng. trans., 1904). A great
feature of his lectures was his so-called _Praktika_, problems in Roman
law, and a collection of these with hints for solution was published as
early as 1847 under the title _Civilrechtsfälle ohne Entscheidungen_. In
Göttingen he continued to work until his death on the 17th of September
1892. A short time previously he had been the centre of a devoted crowd
of friends and former pupils, assembled at Wilhelmshöhe near Cassel to
celebrate the jubilee of his doctorate. Almost all countries were
worthily represented, and this pilgrimage affords an excellent
illustration of the extraordinary fascination and enduring influence
that Jhering commanded. In appearance he was of middle stature, his face
clean-shaven and of classical mould, lit up with vivacity and beaming
with good nature. He was perhaps seen at his best when dispensing
hospitality in his own house. With him died the best beloved and the
most talented of Roman-law professors of modern times. It was said of
him by Professor Adolf Merkel in a memorial address, _R. v. Jhering_
(1893), that he belonged to the happy class of persons to whom Goethe's
lines are applicable: "Was ich in der Jugend gewünscht, das habe ich im
Alter die Fülle," and this may justly be said of him, though he did not
live to complete his _Geist des römischen Rechts_ and his
_Rechtsgeschichte_. For this work the span of a single life would have
been insufficient, but what he has left to the world is a monument of
vigorous intellectual power and stamps Jhering as an original thinker
and unrivalled exponent (in his peculiar interpretation) of the spirit
of Roman law.
Among others of his works, all of them characteristic of the author
and sparkling with wit, may be mentioned the following: _Beiträge zur
Lehre von Besitz_, first published in the _Jahrbücher für die Dogmatik
des heutigen römischen und deutschen Privat-rechts_, and then
separately; _Der Besitzwille_, and an article entitled "Besitz" in the
_Handwörterbuch der Staatswissenschaften_ (1891), which aroused at the
time much controversy, particularly on account of the opposition
manifested to Savigny's conception of the subject. See also _Scherz
und Ernst in der Jurisprudenz_ (1885); _Das Schuldmoment im römischen
Privat-recht_ (1867); _Das Trinkgeld_ (1882); and among the papers he
left behind him his _Vorgeschichte der Indoeuropäer_, a fragment, has
been published by v. Ehrenberg (1894). See for an account of his life
also M. de Jonge, _Rudolf v. Jhering_ (1888); and A. Merkel, _Rudolf
von Jhering_ (1893). (P. A. A.)
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