Özet:

Since Roman law, the systematic understanding of the law has been based on natural law. However, the systematization and abstraction of law reached their pinnacle with the Pandectists under the influence of Friedrich Carl von Savigny. The jurisprudence of concepts is a legal methodology that systematizes legal concepts and rules in a pyramid through abstraction and generalization. The aim is to mathematically calculate/geometrize the law to prevent it from being arbitrary and unpredictable. This theory is exemplified in the right of way (Wegeservitut) by Puchta, the first jurist to come to mind regarding the jurisprudence of concepts. Jhering criticized Puchta’s views as unrealistic, impractical, and contrary to the sense of justice, following his turnabout. In this manner, he demonstrated sociological approaches to the law and shifted methodologically toward purpose-oriented, practical jurisprudence. Jhering criticized Puchta’s ideas for being unrealistic, difficult to implement, and devoid of a sense of justice (Rechtsgefühl). Jhering demonstrated sociological legal approaches and turned to pragmatic jurists. According to him, the ultimate purpose of the law and its practical application should not be overlooked. Consequently, the purpose of law and a sense of justice should play a determining role in legal methodology. With these ideas, he pioneered the current dominant methodological jurisprudence of interests/values.

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