Izvestiya of Saratov University.

Economics. Management. Law

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


For citation:

Kasaeva T. G. Tо the Question about the Purpose of Law According to the Views of R. Ihering. Journal Izvestiya of Saratov University. Economics. Management. Law, 2017, vol. 17, iss. 3, pp. 359-363. DOI: 10.18500/1994-2540-2017-17-3-359-363

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Russian
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Article
UDC: 
340.12

Tо the Question about the Purpose of Law According to the Views of R. Ihering

Autors: 
Kasaeva Tamara G., Saratov State University
Abstract: 

Introduction. A German lawyer Rudolf von Ihering (it. Rudolf von Jhering, August 22, 1818, Aurich – September 17, 1892, Göttingen) is the founder of the realist theory of law and state, the essence of which involves the direct implementation of scientific postulates to the realities of life, and thus to strive to combine theory and practice. It is not by chance appear to be a actuality and practical significance of the realist theory of law which, in contrast to other areas of legal thought, the most widespread only in certain historical periods, requires continuity and constant reproduction. Analysis purposes in law as a legal category in the philosophical understanding offered by Jhering still is genuine interest. Purpose. The main purpose of this paper is a theoretical reflection on the realist postulate: the goal is the creative force of all law that there is no legal provision that would not have originated any purpose. Results. It is stated that to Jhering no one has previously applied to the study and justification of the law, but the concept of “purpose” pervades all aspects of life: from the face leads to the property; from both of them to the right; from the right to the state. Conclusion. The ultimate goal of the right to put a reward on the line with punishment, “punitive” law corresponds to the “premium”, the latter corresponds to the principle of fairness of the social order.

Reference: 
  1. Ihering R. Tsel’ v prave [The Purpose of the law]. St. Petersburg, 1881. 346 p. (in Russian).
  2. Schopenhauer A. Dwe osnovnye problemy etiki [The two main problems of ethics. Ed. 2nd]. St. Petersburg, 1860. 284 p. (in Russian).
  3. Ihering R. Borba za pravo [The struggle for the right]. St. Petersburg, 1872. 78 p. (in Russian).
  4. Anners E. Istoriya evropeiskogo prava [History of European law]. Moscow, 1999. 612 p. (in Russian).
  5. Ihering R. Dkuh rimskogo prava na razlichnkyh stupenyakh ego razvitiya [Spirit of Roman law at Various Stages of its Development]. Pt. 1. St. Petersburg, 1875. 520 p. (in Russian).
  6. Ihering R. Yuridicheskaia tekhnika [The legal machinery]. St. Petersburg, 1905. 56 p. (in Russian).
Received: 
19.07.2017
Accepted: 
24.07.2017