Dr. Rudolph Von Jhering

Caspar Rudolph Ritter von Jhering^[1] (also Ihering) (22 August 1818 – 17 September 1892) was a German jurist.^[2] He is best known for his 1872 book Der Kampf ums Recht (The Struggle for Law), as a legal scholar, and as the founder of a modern sociological and historical school of law. His ideas were important to the subsequent development of the "jurisprudence of interests" in Germany.^[3]

Jhering was born on 22 August 1818 in Aurich, in the Kingdom of Hanover.^[4] He entered the University of Heidelberg in 1836 and also studied in Göttingen, Munich, and starting 1838 in Berlin, where he earned his PhD. Of all his teacher, Georg Friedrich Puchta was the most influential one to him.

In 1844, after graduating as a doctor juris, Jhering established himself in Berlin as Privatdozent for Roman law, and delivered public lectures on the Geist des römischen Rechts (Spirit of Roman law), the theme that may be said to have constituted his life''''s work. In 1845, he became an ordinary professor at the University of Basel, in 1846 at Rostock, in 1849 at Kiel, and in 1851 at Giessen. He left his mark at each of those seats of learning; beyond any other of his contemporaries he animated the dry bones of Roman law.

In that period, the German juristic world was still under the dominating influence of Savigny. The older school looked askance at the young professor, who attempted to build up a system of jurisprudence based on natural justice. This is the keynote of his famous work, Geist des römischen Rechts auf den verschiedenen Stufen seiner Entwicklung (The spirit of Roman law at the various stages of its development, 1852–1865). Its originality and lucidity placed its author in the forefront of modern Roman jurists.

In the second half of the 19th century, Jhering''''s reputation was as high as that of Savigny''''s in the first half. Their methods were almost diametrically opposed. Savigny and his school represented an historical approach. Jhering''''s conception of jurisprudence was as a science to be utilized for the further advancement of the moral and social interests of mankind.