The Legal Views of R. Von Jhering as an Ideational Source of the Theory of Interests in Modern Legal Science

Introduction: despite the fact that the concept of “interest” is widely used in legal science, discussions on a number of issues related to interests in law and their realization still continue. The solutions to many issues are significantly influenced by the interpretations that the category of “interest” receives at different stages of the development of legal thought. Since most of these interpretations either develop and concretize the ideas of R. von Jhering or refute the judgments formulated by him, the connection between the legal views of R. von Jhering and the provisions of the theory of interests as an independent section of modern legal science is of undoubted scientific interest. The purpose of the study is to, having considered R. von Jhering’s ideas about law through the prism of postulates and ideas significant for the modern theory of interests as a section of legal science, determine the nature and degree of influence of R. von Jhering’s jurisprudence of interests on modern theory of law and branch legal research. Methods: the methodological framework for the research primarily consisted of the formallogical and historical-legal methods of scientific cognition. The general scientific methods (analysis, synthesis, comparison, generalization, etc.) and the specific scientific methods (analysis of legal texts, interpretation of law, the methods of historiography, etc.) were also applied. As a result of the undertaken analysis, the author has managed to substantiate that R. von Jhering’s ideas about law constitute an important ideational source for research on interests in modern legal science. Two main conclusions are drawn. Firstly, the conclusion that R. von Jhering’s ideas influence both the understanding of interests in law and the interpretation of their connection with other phenomena, as well as the ideas about the mechanism of transforming an interest into a subjective right, about the means and methods of ensuring interests, their realization and protection. Secondly, the conclusion that R. von Jhering’s ideas find application not only in the theory of law but also in branch legal sciences.