Rudolf von Jhering

Name: The Struggle for Law — Author's Preface
Author: Rudolf von Jhering

The Struggle for Law — Author's Preface (1872)

Summary

“The Struggle for Law — Author's Preface”, published in 1872, is a work by Rudolf von Jhering. It explores elements such as Shylock, fifth edition and Antonio.

Quotes from The Struggle for Law — Author's Preface (Rudolf von Jhering)

Rudolf von Jhering, The Struggle for Law — Author's Preface (1872)

“ Is there any flesh without blood? The judge who accorded Shylock the right to cut a pound of flesh out of Antonio’s body accorded him, at the same time, the right to Antonio’s blood, without which flesh cannot be. Both are refused to the Jew. He must take the flesh without the blood, and cut out only an exact pound of flesh, no more and no less. Do I say too much when I assert that here the Jew is cheated out of his legal right? True it is done in the interest of humanity, but does chicanery cease to be chicanery because practised in the name of humanity? ”

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Source: Wikisource

Rudolf von Jhering, The Struggle for Law — Author's Preface (1872)

“ Such a man is a type which must simply be acknowledged to be a fact. Egotism, without any redeeming quality, and materialism are the traits which distinguish him. He would not be the Sancho Panza of the law if he did not see a Don Quixote in every one who, in the assertion of his rights, looked to any other interests than the most grossly material. ”

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Source: Wikisource

Rudolf von Jhering, The Struggle for Law — Author's Preface (1872)

“ The disposition which is ready to yield or to be reconciled, the meek and philanthropic spirit, the settlement of disputes, and even the surrender of one’s rights are not always incompatible with my theory. What it is opposed to is simply the unworthy endurance of wrong through cowardice or indolence. ”

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Source: Wikisource

Rudolf von Jhering, The Struggle for Law — Author's Preface (1872)

“ What should a man do when his rights are trampled under foot? The person who can give a tenable answer to the question, that is an answer compatible with the existence of law and order and with the dignity of personality has refuted me. ”

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Source: Wikisource

Rudolf von Jhering, The Struggle for Law — Author's Preface (1872)

“ The man who does not feel that when his rights are despised and trampled under foot, not only the object of those rights, but his own person, is at stake; the man who, placed in such a condition, does not feel impelled to assert himself and his rights, cannot be helped, and I have no interest in trying to convert him. ”

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Source: Wikisource

Rudolf von Jhering, The Struggle for Law — Author's Preface (1872)

“ To him I have nothing to say but these words of Kant, with which I was not acquainted until after the appearance of the last edition: “When a man has made a worm of himself, he cannot complain if he is trampled under foot.” ”

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Source: Wikisource

Rudolf von Jhering, The Struggle for Law — Author's Preface (1872)

“ In purely scientific questions, one may limit himself to the simple refutation of error, even when one is not in a way to point out the positive truth; but in practical matters, where it is certain that one must act, and the question is only how he must act—it is not enough to disregard the positive directions given by another as wrong, but he must put something in their place. ”

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Source: Wikisource

Rudolf von Jhering, The Struggle for Law — Author's Preface (1872)

“ The person who cannot do this, must agree with me or be satisfied with superficiality, the mark of muddled minds, which may indeed be rendered dissatisfied and landed in negation, but which can reach no positive view of their own. ”

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Source: Wikisource

Rudolf von Jhering, The Struggle for Law — Author's Preface (1872)

“ Antonio’s friends, Antonio himself, the court, all were agreed that the bond gave the Jew a legal right. And confiding in his right thus universally acknowledged, Shylock calls for the aid of the court, and the “wise Daniel,” after he had vainly endeavored to induce the revenge-thirsty creditor to surrender his right, recognizes it. And now, after the judge’s decision has been given, after all doubt as to the legal right of the Jew has been removed by the judge himself, and not a word can be said against it ”

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Source: Wikisource

Rudolf von Jhering, The Struggle for Law — Author's Preface (1872)

“ And from “duty in relation to the dignity of humanity in us,” he draws the maxim: “Let not your rights be trampled under foot by others unpunished.” This is the idea which I have developed further in this little work. It is engraven on the hearts of all vigorous individuals and nations, and has found expression in a thousand ways. The only merit I can claim is that I have more fully developed the idea. An interesting contribution to the subject of my essay has been furnished by Dr. ”

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Source: Wikisource

Rudolf von Jhering, The Struggle for Law — Author's Preface (1872)

“ A Polish, by A. Matakiewiez. Lemberg.
13. A Croatian, by H. Hinkovic. Agram. In this present fifth edition I have changed the style of the work somewhat, and entirely omitted the former beginning of the work, for the reason that, considering the meagreness of my space, it had to do with ideas not fully intelligible to the laity nor of much use to lawyers. Whether it would not have been better, in view of the large circulation which my essay has found outside of the legal profession, to have omitted all those parts intended more for lawyers than for the laity, I cannot say. ”

Rudolf von Jhering

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Quotes from The Struggle for Law — Author's Preface (Rudolf von Jhering)

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