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Kasaeva T. G. Further Discussion about the Purpose of the Law According to the Views of R. Ihering. Izv. Saratov Univ. (N. S.), Ser. Economics. Management. Law, 2018, vol. 18, iss. 1, pp. 101-?. DOI: https://doi.org/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

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.​

References: 

1. Ihering R von. Dukh rimskogo prava na razlichnykh stupenaikh ego razvitiya. Chast’ 1 [Spirit of Roman Law at Various Stages of its Development. Pt. 1]. St. Petersburg, 1875. 310 p. (in Russian). 

2. Ihering R. Borba za pravo [The struggle for the right]. St. Petersburg, 1872. 78 p. (in Russian). 

3. Ihering R. Tsel’ v prave [The Purpose of the law]. St. Petersburg, 1881. 346 p. (in Russian). 

4. Ihering R. Yuridicheskaia tekhnika [The legal machinery]. St. Petersburg, 1905. 56 p. (in Russian). 

5. Krylenko N. V. Besedy o prave i gosudarstve. Lektsii, chitannye na kursakh sekretarei ukomov pri TsK RKP(b) [Conversations on law and the state. Lectures read at the courses of the secretaries of the UKRs attached to the Central Committee of the RCP(b)]. Moscow, 1924. 184 p. (in Russian). 

6. Baitin M. Suschnost’ prava (normativnoe pravoponimanie na grani dvukh vekov) [The essence of law (normative legal understanding on the verge of two centuries)]. Moscow, 2005. 543 p. (in Russian).

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