3.1 Titiriga
Remus Titiriga. (2013). The “Jurisprudence of Interests” (Interessenjurisprudenz) from Germany: History, Accomplishments, Evaluation. International Journal of Law, Language & Discourse 3(1), 55-78.
Abstract: This paper analyses the jurisprudence of interests (Interessenjurisprudenz) as one of the most important German methodological schools. The first part of the paper evaluates its position in the great methodological debate (Methodenstreit) over the role of ate judge, which emerged in the beginning of the twentieth century in Germany. The ancient conceptual methodology (Begriffsjurisprudenz) came under siege from new methodological orientations like the “free law school” and the “school of objective interpretation.” The most effective challenger and winner in the debate was this Interessenjurisprudenz, which was developed by Von Heck at Tübingen. The second part of the paper articulates the main contributions and the specific vision of the movement as regards the method of the judge. The last part briefly assesses the actual significance of Interessenjurisprudenz in German legal space and in other legal cultures (Anglo-Saxon and French).
Keywords: Interessenjurisprudenz, conflicting considerations, interest, Begriffsjurisprudenz, school of objective interpretation, free law school, Wertungsjurisprudenz
Category: Volume 3
