耶林对私法教义学与方法论的影响

Influences of Jhering on Private Law Doctrines and Methodology

耶林是德国19世纪最伟大的法学家之一,他的思想对德国私法教义学、法学方法论以及法学课程等方面均产生了深远影响。在法教义学方面,缔约过失、返还原物请求权的让与作为所有权的转移形式、客观不法与主观不法的区分、买卖合同中的风险转移等法律制度均可追溯到耶林。耶林的方法论可分为两个阶段,前期是"建构方法阶段",即以"法学建构"为核心的"自然历史方法";后期是"目的方法阶段",其研究重点是"法律中目的"。耶林使目的解释成为德国法律解释的主要方法,利益法学和价值法学都是经由耶林的"目的法学"才得以形成的。耶林还是一位法教育家,是德国当下案例式教学的发明者。

Jhering was one of the greatest jurists in Germany in 19 th century. His thoughts had a profound impact on German private law doctrines, jurisprudential methodology and legal courses. In legal dogmatics, many legal systems can be traced back to Jhering, including contracting fault, the transfer of ownership by assignment of the claim of restitution, the distinction between objective illegality and subjective illegality, the transfer of risks in sales contracts and so on. Jhering’s methodology can be divided into two stages. The early stage is the "construction method stage", that is, the "natural history method" with the "legal construction" as the core. The later stage is the "purpose method stage", which focuses on the "purpose in law". Jhering made teleological interpretation into the main method of German legal interpretation. Besides, the interest jurisprudence and the jurisprudence of values are both based on Jhering’s "teleological jurisprudence". Jhering was also a law educator as well as the inventor of the current case teaching in Germany.