The influence and interpretation of R. Ihering's legal views in the works of O.W. Holmes

Автор: Gorban Vladimir Sergeevich

Журнал: Теория и практика общественного развития @teoria-practica

Рубрика: Право

Статья в выпуске: 2, 2019 года.

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The study examined the influence and interpretation of the legal views of R. Ihering, one of the most famous German legal scientists of the 19th century, in the works of O.W. Holmes, the founder of the intellectual movement in American legal thought which despite its heterogeneity was generally referred to as legal realism. The analysis of the source-language writings of thinkers revealed the significant similarities of their views as well as the subjects and focuses of legal discussion peculiar to R. Ihering and modified and developed by O.W. Holmes. At the same time, the study emphasized that the works of American jurist absorbed the main topics of the legal doctrine of R. Ihering to a large extent, but they were original in nature. The study was based on the analysis of major, on the one hand, and rare and little-known, on the other hand, writings of both thinkers.

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R. ihering, o.w. holmes, legal realism, concept of law, life of law, cultural purpose of law, history of law, struggle for law, purpose of law, right as a protected interest, social control

Короткий адрес: https://sciup.org/149132818

IDR: 149132818   |   DOI: 10.24158/tipor.2019.2.10

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