Law as a Means to an End

Rudolf von Jhering was a German legal scholar, sometimes called the father of sociological jurisprudence. He developed a philosophy of social utilitarianism that, in emphasizing the needs of society, differed from the individualist approach of the English utilitarian philosopher Jeremy Bentham.

Jhering taught Roman law at Giessen (1852–68), at Göttingen (from 1872), and at four other universities for briefer periods. In his most ambitious work, Geist des römischen Rechts, 4 vol. (1852–65; “The Spirit of the Roman Law”), he elaborated the relation of law to social change.

Even more influential in the 20th century was his Law As a Means to an End, 2 vol. (1877–83; originally in German), which maintained that the purpose of law was the protection of individual and societal interests by coordinating them and thus minimizing occasions for conflict. Where conflict was unavoidable, he assigned greater weight to societal interests, thereby inviting the criticism that he subordinated the individual to society. His ideas were important to the subsequent development of the “jurisprudence of interests” in Germany.

The book is part of the “Modern Philosophies of Law” series which is now available again. The other titles in the Series include:

• Comparative Legal Philosophy. Applied to Legal Institutions. by Miraglia, L.
• The Essential Nature of Law. The Ethical Basis of Jurisprudence. By Pattee, W. S.
• The Formal Basis of Law. By Del Vecchio, G.
• General Theory of Law. By Korkunov , N. M.
• Introduction to the Science of Law. By Gareis, K.
• Modern French Legal Philosophy. By Fouillee, A., Charmont, J., Duguit, L. & Demogue, R.
• Philosophy in the Development of Law. By De Tourtoulon, P.
• Philosophy of Criminal Law. By Wharton, F.
• Philosophy of Law. By Kohler, J.
• The Science of International Law. By Walker, T. A.
• Science of Legal Method. By Select Essays by Various Authors
• The World’s Legal Philosophies. By Berolzheimer, F.