Legal Formality and Freedom of Choice. A Moral Perspective on Jhering's Constructivism

11 Pages Posted: 21 Nov 2003

See all articles by Alexander Somek

Alexander Somek

University of Iowa - College of Law

Abstract

In this article it is argued that Jhering's conception of legal formality, which became notorious for being the most extreme expression of conceptualism, makes sense if it is recast as a theory of rights. It is from this vantage point that Jhering's later methodological self-critique becomes intelligible in which he mitigated the strains of conceptual constructivism by reflecting on the value of choice granted by a system of rights.

Suggested Citation

Somek, Alexander, Legal Formality and Freedom of Choice. A Moral Perspective on Jhering's Constructivism. Ratio Juris, Vol. 15, pp. 52-62, 2002, Available at SSRN: https://ssrn.com/abstract=312842

Alexander Somek (Contact Author)

University of Iowa - College of Law ( email )

Melrose and Byington
Iowa City, IA 52242
United States

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