Sociological School

Sociological School

Rudolff von Ihering is considered a precursor to the school of jurisprudence of interests and is always presented as dogmatic brilliant exponent. In the final theory created by him “should not be considered a positive legal order as a deductive enunciation of an idea or a plan, but as a consequence of the needs of social life … no law or code can be sufficiently understood without knowledge of the actual social conditions of the people and the time of delivery (sic) … The real right is not shown formulated in abstract terms by the general legal rules, but he lives in a real people, and that applies to the judgments and decisions …. ” Cree Peace is the purpose of the law and the means to achieve it is the fight. The order, moreover, is the creator of all rights and the fight must find the right: “All right in the world had to be acquired by the struggle; these principles that are now in force, it has been necessary to impose by the fighting who did not accept them, so all right, both the right of a people as an individual, assumed to be the people and the individual ready to defend … The law is working tirelessly, and not only the work of government but of all the people …

“Sociological School. The law is a social product or manifestation of social life. ” The right is stated at the beginning by undifferentiated moral standards, religious or social and compliance was ensured by the same social group.

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