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

Ratio Juris 15 (1):52-62 (2002)
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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.

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