Rudolf von Jhering

Rudolf von Jhering (born August 22, 1818, Aurich, Hanover [Germany]—died September 17, 1892, Göttingen, Germany) was a German legal scholar, sometimes called the father of sociological jurisprudence. He developed a philosophy of social utilitarianism that, in emphasizing the needs of society, differed from the individualist approach of the English utilitarian philosopher Jeremy Bentham.

Jhering taught Roman law at Giessen (1852–68), at Göttingen (from 1872), and at four other universities for briefer periods. In his most ambitious work, Geist des römischen Rechts, 4 vol. (1852–65; “The Spirit of the Roman Law”), he elaborated the relation of law to social change. Even more influential in the 20th century was his Law As a Means to an End, 2 vol. (1877–83; originally in German), which maintained that the purpose of law was the protection of individual and societal interests by coordinating them and thus minimizing occasions for conflict. Where conflict was unavoidable, he assigned greater weight to societal interests, thereby inviting the criticism that he subordinated the individual to society. His ideas were important to the subsequent development of the “jurisprudence of interests” in Germany.