Rudolph
Jhering
Ritter von Jhering
(1818-92)
Other names: Caspar Rudolph Jhering[J24]
Biographical
German jurist, he entered the university of Heidelberg in 1836 and, after
the fashion of German students, visited successively Göttingen and Berlin.
G. F. Puchta, the author of Geschichte des Rechts bei dem römischen Volke,
alone of all his teachers appears to have gained his admiration and influenced
the bent of his mind. After graduating doctor juris, Jhering established
himself in 1844 at Berlin as privatdocent for Roman law, and delivered
public lectures on the Geist des römischen Rechts, the theme which may
be said to have constituted his life’s work. In 1845 he became an ordinary
professor at Basel, in 1846 at Rostock, in 1849 at Kiel, and in 1851 at
Giessen. Upon all these seats of learning he left his mark; beyond any
other of his contemporaries he animated the dry bones of Roman law.[J92B]
The German juristic world was still under the dominating influence of
the Savigny cult, and the older school looked askance at the daring of
the young professor, who essayed to adapt the old to new exigencies and
to build up a system of natural jurisprudence. This is the keynote of
his famous work, Geist des römischen Rechts auf den verschiedenen Stufen
seiner Entwickelung (1852-1865), which for originality of conception
and lucidity of scientific reasoning placed its author in the forefront
of modern Roman jurists.[J92B]
It is no exaggeration to say that in the second half of the 19th century
the reputation of Jhering was as high as that of Savigny in the first.
Their methods were almost diametrically opposed. Savigny and his school
represented the conservative, historical tendency. In Jhering the philosophical
conception of jurisprudence, as a science to be utilized for the further
advancement of the moral and social interests of mankind, was predominant.
In 1868 Jhering accepted the chair of Roman Law at Vienna, where his lecture-room
was crowded, not only with regular students but 414 with men of all professions
and even of the highest ranks in the official world. He became one of
the lions of society, the Austrian emperor conferring upon him in 1872
a title of hereditary nobility.[J92B]
But to a mind constituted like his, the social functions of the Austrian
metropolis became wearisome, and he gladly exchanged its brilliant circles
for the repose of Göttingen, where he became professor in 1872. In this
year he had read at Vienna before an admiring audience a lecture, published
under the title of Der Kampf um’s Recht (1872; Eng. trans., Battle
for Right, 1884). Its success was extraordinary. Within two years
it attained twelve editions, and it has been translated into twenty-six
languages. This was followed a few years later by Der Zweck im Recht
(2 vols., 1877-1883). In these two works is clearly seen Jhering’s individuality.
Der Kampf um’s Recht shows the firmness of his character, the strength
of his sense of justice, and his juristic method and logic: 'to assert
his rights is the duty that every responsible person owes to himself.'
In Der Zweck im Recht is perceived the bent of the author’s intellect.
But perhaps the happiest combination of all his distinctive characteristics
is to be found in his Jurisprudenz des täglichen Lebens (1870;
Eng. trans., 1904). A great feature of his lectures was his so-called
Praktika, problems in Roman law, and a collection of these with hints
for solution was published as early as 1847 under the title Civilrechtsfälle
ohne Entscheidungen.[J92B]
In Göttingen he continued to work until his death on the 17th of September
1892. A short time previously he had been the centre of a devoted crowd
of friends and former pupils, assembled at Wilhelmshöhe near Cassel to
celebrate the jubilee of his doctorate. Almost all countries were worthily
represented, and this pilgrimage affords an excellent illustration of
the extraordinary fascination and enduring influence that Jhering commanded.[J92B]
In appearance he was of middle stature, his face clean-shaven and of classical
mould, lit up with vivacity and beaming with good nature. He was perhaps
seen at his best when dispensing hospitality in his own house. With him
died the best beloved and the most talented of Roman-law professors of
modern times. It was said of him by Professor Adolf Merkel in a memorial
address, R. v. Jhering (1893), that he belonged to the happy class of
persons to whom Goethe’s lines are applicable: 'Was ich in der Jugend
gewünscht, das habe ich im Alter die Fülle,' and this may justly be said
of him, though he did not live to complete his Geist des römischen Rechts
and his Rechtsgeschichte. For this work the span of a single life would
have been insufficient, but what he has left to the world is a monument
of vigorous intellectual power and stamps Jhering as an original thinker
and unrivalled exponent (in his peculiar interpretation) of the spirit
of Roman law.A jurist and legal scholar.[J92B]
Place of birth: Aurich[F6I]
Place of first marriage: Oldenburg[F6I]
Place of second marriage: Schleswig[F6I]
Place of third marriage: Bremen[F6I]
Place of death: Göttingen[F6I]
 |
Families | Lands | Abbreviations and Symbols | Sources