Rudolf Von Jhering’s Influence on Karl Llewellyn

Abstract

Karl Llewellyn and Jerome Frank are today considered co-founders of the American Legal Realist School. Although American legal realism is no longer the predominant school of jurisprudence in the United States, it still plays an important role in the formation of our legal traditions. Given the breath of Karl Llewellyn’s contributions to law in America, it would be unfathomable for such a varied body of work to have had only one or just a few significant influences. Several of the influences on the life and work of Karl Llewellyn have been suggested and expounded upon, including Arthur Corbin, Jerome Frank and Roscoe Pound. While these are certainly important influences on the life and work of Llewellyn, one major influence on his thinking has rarely been considered. The role of Rudolf von Jhering deserves further exploration.

The purpose of this Article is to shed light on the influence of Rudolf von Jhering on the life and scholarship of Karl Llewellyn. Following a brief overview of Llewellyn’s life, education, major work, and jurisprudential philosophy, information is provided on the life of Rudolf von Jhering.

Consideration is given to the influence of German jurisprudence on American jurisprudential theory and thought, as well as the recognized influences from German jurisprudence on Llewellyn’s work, including Jhering’s influence on the life and work of Llewellyn, with particular emphasis on the Uniform Commercial Code.

Keywords: Karl Llewellyn, Legal Realism, American Legal Realist School, von Jhering, Jurisprudence, Uniform Commercial Code