The ‘Jurisprudence of Interests’ (Interessenjurisprudenz) from Germany: History, Accomplishments, Evaluation

International Journal of Law, Language and Discourse, Volume 3.1, June 2013, pp. 55-78

29 Pages Posted: 27 Feb 2012 Last revised: 4 Aug 2015

Remus Titiriga

INHA University

Date Written: February 26, 2012

Abstract

Interessenjurisprudenz from Germany belongs to an approach based on balance or proportionality (rationality of conflicting consideration), which is a dominant mode of legal reasoning of our time.

The major thinkers responsible for creating this approach were Oliver Wendell Holmes in the United States, René Demogue in France, and Philipp von Heck in Germany.

There were certain influences from the Continental Europe to the United States, influences that seem to have been forgotten today.

Although the technique of conflicting considerations has a rich European genealogy, it received its most elaborate form in the United States between 1940 and 1970. In the early fifties, the Constitutional Court of Germany and later the European Union Court of Justice or European Court of Human Rights, adopted the technique of proportionality as their usual technique.

The following considerations will put all that into a perspective focusing historical developments from Germany.

Keywords: Interessenjurisprudenz, Conflicting considerations, Interest, Begriffsjurisprudentz, School of Objective interpretation, Free Law School, Wertungsjurisprudentz

JEL Classification: K00, K40

Suggested Citation

Titiriga, Remus, 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 . Available at SSRN: https://ssrn.com/abstract=2011479 or http://dx.doi.org/10.2139/ssrn.2011479

Remus Titiriga (Contact Author)

INHA University ( email )

100 Inharo, Nam-gu
Incheon, 402-751
Korea, Republic of (South Korea)

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