Rudolf von Jhering

Rudolf von Jhering pronunciation: [ rɪŋ per ː ] ( born August 22, 1818 in Aurich, † September 17, 1892 in Göttingen ) was a German legal scholar.

Life

Rudolph (as he sometimes wrote himself ) Jhering (old but still common notation: Jhering ) came from a family of lawyers, which in Ostfriesland is detectable since 1522. His great-grandfather Sebastian Eberhard Jhering (1700-1759) was in 1754 for the namesake of the East Frisian town Jheringsfehn. His parents were Georg Albrecht Jhering from Aurich (1779-1825) and Anna Maria Schwers (1792-1861) from Leer.

Jhering studied in Heidelberg, Göttingen, Munich, and from 1838 in Berlin, where he also received his doctorate in 1842. After professorships in Basel, Rostock, Kiel, Giessen, he came to Vienna in 1868. There he held his famous lecture "The struggle for justice ," the experienced twelve editions in two years and has been translated into 26 languages ​​. About the law states:

" The life of the law is a struggle - a struggle of the peoples of state power, of classes and individuals. In fact, the law has a meaning only as an expression of conflicts and it represents the efforts of mankind is to tame themselves. But unfortunately the law has attempted to address the violence and injustice with funds that will apply in a rational world some day to be just as strange as shameful. Because the law has never really tried to resolve the conflicts of society, but only to alleviate them by put down rules by which they are to be fought. "

In Vienna, the Austrian emperor granted him the hereditary nobility. In 1872 he accepted a call to Göttingen. His successor in Vienna, Adolf Exner. In Göttingen, he remained - calls to Leipzig and Heidelberg disagree with - until his death in 1892.

As a special circumstance in the scientific development Jhering is getting his legal theory "conversion" highlighted. Even in his ( unfinished ) work " The Spirit of Roman Law at the various stages of its development," he represents, according to the historical school of law before an embossed by the Begriffsjurisprudenz system. Of this Jhering took but more and more ( for the third volume of this work ) in favor of a sociological consideration of the right distance, he ( the also unfinished ) work " The purpose of the law " performs closer. In his view, the law serves to protect the individual and societal interests through their coordination and minimizing the opportunity for their conflicts ( cf. interest jurisprudence ). In the dogma of the civil law there is his 1861 taken terminological distinction between positive and negative interest again today. As a very important also applies to his " discovery" of the pre-contractual liability ( the so-called Culpa in contrahendo ) in the same article. Groundbreaking it was less separation after compensation categories that was created without this terminology already in Friedrich Carl von Savigny and Friedrich Mommsen. He found by the combination of non-contractual liability for slight negligence, the liability for culpa lata was generally accepted, and the negative interest a viable compromise solution for the bitter dispute between the will theory and explanation of theory in which he combined the will theory of liability for the negative interest. The proposed Jhering liability is not so much a fault-based liability as a guarantee liability. The solution Jhering can still be found in § 122 BGB again. The z.T. today as Culpa designated in contrahendo liability for pre-contractual fault with § § 311 para 2, 241, 280 paragraph 1 BGB in spite of its name only little to do with Jhering construct. The scientific reputation Jhering in the second half of the 19th century is that of Friedrich Carl von Savigny in the first half of the century close, although the methods of the two were quite different.

In his workplace Göttingen recall for a street named after him and a plaque on his house to his life and work. In 1894 the Jheringgasse was named after him in the 15th district of Vienna Rudolf -Fuenfhaus.

Family

He was married several times. His first wife was Helene Hofmann ( † 1848). After her death he married Ida Frölich ( born September 16, 1826 † September 3, 1867 ), with whom he had five children. After her death he married in the summer of 1869 in Vienna, the governess of his children Louise Wilder ( 1840-1909 ). He had the following children:

• Hermann Albrecht Friedrich (1850-1930)

• Elise Marie Agathe Helene ( born July 9, 1852 † January 23, 1920 ) ∞ 1882 Victor Gabriel Ehrenberg ( 1852-1929 ) Professor Dr. iur. Dr.rer.pol. in Göttingen
• Karl Friedrich August (* December 6, 1853; † January 31, 1919 )
• Ernst Albrecht Wilhelm Heinrich ( * August 4, 1856, † 1924) ∞ Emma Hildebrand
• Justus Heinrich Rudolf Hermann Ludwig ( * January 5, 1862, † March 29, 1934 ) NN ∞. Hube

Works

• The spirit of Roman law in the various stages of its development., 4 vols Breitkopf & Härtel, Leipzig from 1852 to 1865. First Part, 1852 ( digitized and full text in German Text Archive )
• Second Part. First Section, 1854 ( digitized and full text in German Text Archive )
• Second Part. First Section, 1858 ( digitized and full text in German Text Archive )
• Third part. First Section 1865 ( digitized and full text in German Text Archive )

Quotes

" The legislature should think like a philosopher, but talk like a farmer. "

"The fight for justice is the poetry of nature. "

" Law is incessant work, not just the state, but rather the whole nation. Every individual who comes into the position of having to assert his right, takes over at this national work its share contributes his mite to the realization of the idea of ​​law on earth. " ( The struggle for justice, 1872)

"The form is the sworn enemy of caprice, the twin sister of liberty. Because the shape keeps the lure of freedom for self-indulgence, the counterweight, it directs the freedom substance in fixed orbits, that they do not scatter, get lost, it strengthens inside, protecting them outward. Solid forms are the school of discipline and order, and thus the freedom itself and a bulwark against external attacks - they can only break, not bend ".