"Dualurile lui Jhering" şi construcţia juridică a unui dans

Dr. Tudor Avrigeanu, M. iur. comp. (Bonn)

Institutul de Cercetări Juridice "Acad. Andrei Rădulescu" al Academiei Române, Bucureşti

'Jhering's duals' and the legal construction of a dance

Abstract

In his Jurisprudence of the Daily Life (1870), the great German Jurist Rudolf von Jhering has sketched the legal construction of a dancing ball in the form of the Roman contract of societas. This case leads through Jhering's theory of the legal construction before and after his shift from the so-called jurisprudence of the formal concepts to that of the material ends. Following the work of Professor Okko Behrends (Gottingen), it will be argued in favor of Jhering's constructive method, and therewith for the reappraisal of the Roman dualism of rules and principles also within the Romanian legal thought.

Keywords: Jhering, Kant, Legal Constructivism, Savigny, Historical School of Law

Rezumat

În Jurisprudenţa vieţii cotidiene (1870), marele...