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Law as a Means to an End

work by Jhering
Also known as: “Der Zweck im Recht”

Quick Summary

Rudolf von Jhering, a German legal scholar, viewed law as a tool to serve societal needs, a concept he termed social utilitarianism. In his influential work, Law As a Means to an End, Jhering argued that the primary function of law is to safeguard both individual and societal interests by harmonizing them to reduce conflict. He believed that when conflicts arise, societal interests should take precedence over individual ones, a perspective that led to criticism for potentially subordinating individuals to the collective. Jhering's ideas significantly influenced the development of the "jurisprudence of interests" in Germany. Jurisprudence itself is the science or philosophy of law, encompassing analytical, sociological, and theoretical branches that examine law's internal logic, its societal impact, and its alignment with postulated ideals.12

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  1. Rudolf von Jhering
  2. jurisprudence

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