Izvestiya of Saratov University.

Economics. Management. Law

ISSN 1994-2540 (Print)
ISSN 2542-1956 (Online)

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Kasaeva T. G. Further Discussion about the Purpose of the Law According to the Views of R. Ihering. Journal Izvestiya of Saratov University. Economics. Management. Law, 2018, vol. 18, iss. 1, pp. 101-105. DOI: 10.18500/1994-2540-2018-18-1-101-105

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Further Discussion about the Purpose of the Law According to the Views of R. Ihering

Kasaeva Tamara G., Saratov State University

Introduction. The eminent German jurist Rudolf von Ihering is the founder of the realistic doctrine of law and the state, the essence of which is to find a balance between “broad” legal thinking and normative. Therefore, the urgency and practical significance of the realistic theory of law, which at the present stage needs continuity and reproduction in the context of the study of the “goal” in law as a phylosophical-legal category, is not accidental. Purpose. The main purpose of the work is to continue theoretical understanding of the realistic postulate: the goal is the creative power of the whole law, that there is no legal position that would not be due to the origin of any goal. Results. It is stated that the ultimate goal of law is not to exclude the possibility of formal arbitrariness, but in the implementation of justice, for the practical purpose of justice is the equality of subjects of law. The right is to ensure the living conditions of society in the form of coercion. Conclusion. To the external form of manifestation and realization of law, the internal content conditioned by the goal-the life conditions of society-is attached. The purpose of law is to outline the meaning of law in the whole “organism” of society.​

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