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Legal Formality and Freedom of Choice. A Moral Perspective on Jhering’s Constructivism
Author(s) -
Somek Alexander
Publication year - 2002
Publication title -
ratio juris
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.344
H-Index - 10
eISSN - 1467-9337
pISSN - 0952-1917
DOI - 10.1111/1467-9337.00196
Subject(s) - formality , conceptualism , constructivism (international relations) , epistemology , perspective (graphical) , sociology , pragmatism , philosophy , law and economics , law , political science , politics , mathematics , international relations , geometry
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.