Der Schatten des Wanderers - Einzelfall, Rechtswandel und Fortschritt in Rudolf von Jherings Le

When the still colorful concept of the sense of justice became popular in jurisprudence in the 19th century, there was hardly a renowned legal scholar who did not comment on it. However, the famous pandectist and legal empiricist Rudolf von Jhering is usually only mentioned cursorily in the secondary literature. This dissertation is the first comprehensive analysis of Jhering's sense of justice, questioning the neighboring sciences against the background of methodological developments in jurisprudence in the 19th century. The work develops a multidimensional model of Jhering's concept of Rechtsgefühl. This is done by including not only Jhering's published works on the sense of justice, which are categorized for the first time in his complete academic oeuvre. Rather, previously unpublished writings, in particular those by judges, from Jhering's estate in Göttingen are also analyzed. In Jhering's understanding of the sense of justice, the individual case and the purpose of the law are combined with the life experience of the practitioner. It is the epitome of living dogmatics and legal development.

The shadow of the wanderer. Individual case, legal change and progress in Rudolf von Jhering's doctrine of "Rechtsgefühl". Derivation of a multi-level model of his complex concept of "Rechtsgefühl": The study deals with the doctrine of "Rechtsgefühl" as developed by the famous pandectist and legal empiricist Rudolf von Jhering (1818-1892). The colorful concept of "Rechtsgefühl" is discussed extensively and impressively in the literature, though Jhering's key contribution usually receives only cursory mention. This study is intended to show the great significance of Jhering's "Rechtsgefühl". "Rechtsgefühl", as he perceived it, combines a practical consideration of individual cases with a reflection of the purposes of law and the life experience of its observer. It is the essence of a living legal doctrine and the progress of law.