The ‘Jurisprudence of Interests’ (Interessenjurisprudenz) from Germany: History, Accomplishments, Evaluation
February 26, 2012
International Journal of Law, Language and Discourse, Volume 3.1, June 2013, pp. 55-78,
The paper analyses the Jurisprudence of interests (Interessenjurisprudenz) as one of the most important German methodological school.
A first part evaluates its position in the great methodological debate (Methodestreit) over the role of judge, which emerged in the beginning of XXth century in Germany. The ancient conceptual methodology (Begriffsjurisprudentz) came under siege from new methodological orientation like the ‘Free Law School’ and the ‘School of Objective interpretation’. The most effective challenger and the winner on debate was this Interessenjurisprudenz developed by von Heck at Tubingen.
The second part of the paper articulates the main contributions and specific vision of the movement as regard the method of the judge.
The last part briefly assesses the actual significance of Interessenjurisprudenz for Germanic legal space and for other legal cultures (Anglo-Saxon and French).
Keywords: Interessenjurisprudenz, Conflicting considerations, Interest, Begriffsjurisprudentz, School of Objective interpretation, Free Law School, Wertungsjurisprudentz
JEL Classification: K00, K40Accepted Paper Series
Date posted: February 27, 2012 ; Last revised: July 29, 2013
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