The Struggle for LawThe Lawbook Exchange, Ltd., 1997 - 138 pagini "The Pioneer of the Basic Modern Trends in Jurisprudence" First published in 1872, Der Kampf um's Recht discusses what the law is, how it changes and how it is used as a way of achieving social change. It attracted wide attention, was reissued in several revised editions and translated into a dozen foreign languages. Our reprint presents the standard English edition. "The pioneer of the basic modern trends in jurisprudence was a German, Rudolf von Jhering. He might appropriately be called the Mark Twain of German jurisprudence. Gifted with a rare sardonic humor, he led the revolt against philosophical abstraction and conceptualism in German jurispridence and the glorification of logic as a juristic method, which enabled the jurists to disguise the law as a system of legal mathematics."-William Seagle, "Rudolf von Jhering: Or Law as a Means to an End," University of Chicago Law Review, Vol. 13 No. 1 (December 1945) 71lii, 138 pp. |
Cuprins
| vii | |
Translators Note | xxxv |
Authors Preface | xliii |
Chapter | 1 |
The Life of the Law a Struggle | 21 |
The Struggle for his Rights a Duty | 31 |
The Assertion of Ones Rights a Duty | 69 |
Importance of the Struggle for Law | 97 |
The Roman Law of Today and | 109 |
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Termeni și expresii frecvente
abstract law ancient Rome assert attack battle become called claim concrete law concrete legal right conditions of existence consequences creditor debtor defend the law deny domain duty ence enemy entirely feeling of legal force former Geist German healthy feeling Heinrich von Kleist hence Historical School idea of law ideal individual institutions interest Jhering Jhering's judge jurisprudence jurist justice labor law of custom Legal Philosophy legislation manner matter means moral condition Munroe Smith national feeling nature one's legal rights one's rights opponent pain peace peasant penalty person whose rights position pound of flesh practical principles of law private law question Recht relation resistance Roman law sacrifice Savigny Savigny's sense of property sentiment of legal Shylock simply social square mile strength struggle for law subjective injustice suit at law thing tion trampled under foot translation true violation wounded feeling wrong Zweck