Cstl-cla.semo.edu
right-98425Rudolf von Ihering (Jhering)(1818-1892) Purpose in LawLaw As A Means to an EndThe Concept of PurposeNothing ever happens for itself, but rather as a result or consequence of another antecedent change.In the physical world, the antecedent is called the cause, and is mechanicalIn the world of will (the physcological) the antecedent is called the purpose.Thus, people act not because of anything, but in order to attain or do something.Every living thing in nature, so far as we can ascertain, ascribes to this doctrine.Social Mechanics – the Levers of Social MotionThe standard of law is not the absolute one of truth, but the relative one of purpose. It follows, that the content of law not only may but must be infinitely various.There is no such thing as “universal law” any more than there is a universal medicine for all sick people.The thing done for a purpose does not lost its purposive character because experience places its utility beyond doubt, and is, in that sense, true.In other words, law is not the true, but rather the useful.Our “truths” in the legal world are nothing more than the useful which has been stored up, tested by experience, and placed beyond all doubt within a social system.Law, then, in reference to its content is the form of the security of the conditions of social life procured by the power of the state.Since the “conditions of social life” are relative, so too is the law.Social Mechanics – the Levers of Social Motion (cont.)The correctness of this concept lies in the fact that all legal principles can be reduced, ultimately, to conform to it.It is not inconsistent for law to change, or contradict itself, as conditions change requiring changes in law.Where life depends on darkness, the introduction of light is a capital crime.Take education as an example:No state support (indifference) – education is not a necessity of lifeSupported by the State – education is desirableCompulsory Education – education is indispensibleWhich is correct? All are in their particular time and place.Law, then, is the sum of the conditions of social life in the widest sense of the term, as secured by the power of the State through the means of external compulsion.Is the individual reimbursed for the limitations to which he submits in the interest of society, by the advantages which the latter offers to him?The Pressure of Law upon the IndividualThe progress in the development of the State and the law is a continuous increase in the demands which both make upon the individual.Law binds the individual to contribute to society:In taxes – moneyIn service – time out of your life for services such as:Military serviceJury dutyOther public service requirementsIn Property – limitationsMust be used in such a way that it contributes to the societies well being along with that of the ownerCannot be used irresponsibly to society (zoning laws)Cannot be wasted (destroyed without corresponding benefits)Squandering or giving away property is ok for society as it just changes handsSociety has never tolerated the idea that the owner has absolute power of dispositionExpropriation of property is everywhere allowed, as are injunctions to prohibit the use of property damaging the property of another. ................
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