Domestic trials, and "The struggle for law" : Jhering's legal dispute w his maidservant as a formative influence on his concept of law

doi:10.26106/7vvq-z327

Domestic trials, and "The struggle for law" : Jhering's legal dispute w his maidservant as a formative influence on his concept of law

Communities & Collections

pcg.skipToMenu

Domestic trials, and "The struggle for law" : Jhering's legal dispute w his maidservant as a formative influence on his concept of law

View Usage Statistics

Show full item record

dc.contributor.author	Kroppenberg, Inge	pl
dc.contributor.author	Linder, Nikolaus	pl
dc.date.accessioned	2019-10-11T06:14:21Z
dc.date.available	2019-10-11T06:14:21Z
dc.date.issued	2017	pl
dc.identifier.issn	1641-1609	pl
dc.identifier.uri	https://ruj.uj.edu.pl/xmlui/handle/item/84548
dc.language	eng	pl
dc.rights	Dozwolony użytek utworów chronionych	*
dc.rights.uri	http://ruj.uj.edu.pl/4dspace/License/copyright/licencja_copyright.pdf	*
dc.title	Domestic trials, and "The struggle for law" : Jhering's legal dispute w his maidservant as a formative influence on his concept of law	pl
dc.type	JournalArticle	pl
dc.description.physical	17-35	pl
dc.description.additional	Bibliogr. s. 33-34	pl
dc.identifier.weblink	http://www.transformacje.pl/wp-content/uploads/2017/12/tpp_4-2017_kroppenberg_linder.pdf	pl
dc.abstract.en	In 1864 and 1865, during close to a year and a half, the famous German law professor and renowned legal expert, Rudolf von Jhering, was caught up in a civil action in his then hometown of Gießen. It had been brought against him by his former maidservant, a certain Caroline Kuhl, who sued him for three months' wages. Years later, towards the end of his tenure in Vienna, Jhering vividly recalled this trial as a prime example of some of the deficiencies and absurdities of modern law which he so scathingly criticised. In the published version of Der Kampf um's Recht, which appeared in 1872, however, there is not the slightest mention either of Kuhl or the lawsuit she dared to bring - and win - against one of the greatest lawyers of the century. This paper presents a historical reconstruction of Kuhl v. Jhering based on the court papers from Jhering's estate preserved at the Staats- und Universitätsbibliothek (SUB) Göttingen, followed by an assessment of Jhering's actions and behaviour before and during the trial. It finishes with a discussion of the lawsuit's significance as a provider of ideas and, indeed, a prequel to Jhering's single most successful work Der Kampf um's Recht, one of the few 19th century law books with a real global reach, which is still popular today.	pl
dc.description.number	4	pl
dc.identifier.doi	10.26106/7vvq-z327	pl
dc.title.journal	Transformacje Prawa Prywatnego	pl
dc.language.container	eng	pl
dc.date.accession	2019-10-11	pl
dc.subtype	Article	pl
dc.rights.original	OTHER; otwarte czasopismo; ostateczna wersja wydawcy; w momencie opublikowania; 0	pl
dc.identifier.project	ROD UJ / OP	pl