Theory Rudolf Stammler

spirituskreis 1902: standing, left right: georg wissowa, eduard meyer, alois riehl, johannes conrad, carl robert, rudolf stammler, emil kautzsch, max reischle. sitting, left right: erich haupt, edgar loening, friedrich loofs, wilhelm dittenberger

stammler impressed achievement of great classical jurists in making law ars boni et aequi – science of , just. wrote, this, in opinion, universal significance of classical roman jurists; this, permanent worth. had courage raise glance ordinary questions of day whole. , in reflecting on narrow status of particular case, directed thoughts guiding start of law, namely realization of justice in life.

stammler , friend paul natorp of marburg school subscribed immanuel kant s concept of progress towards moral end. stammler borrowed kant s metaphysical individualism develop theory of metaphysical-collectivism, or social idealism. worked towards finding critical method, modeled on kant s philosophical approach, determining constituted justice. tried address question of how judges should decide cases if decisions objectively just, opposed formally correct. stammler argued law considered objectively valid extent enabled objectively harmonious purposes of freedom, unity , order.

stammler , natorp accepted humanitarian , social goals of socialists, rejected economic determination, class struggle , metaphysical materialism. in first major work, wirtschaft und recht (1896), stammler opposed marxist view law determined economic forces. questioned marxist ideal of society collective ownership of means of production ignored critical role of law in ensuring social justice. granted economic forces powerful, asserted question of justice independent. roscoe pound said revival of juristic concern natural law dates publication of wirtschaft und recht. book laid foundation of stammler s subsequent writings.

in stammler s view law should seen 1 of regulating standards social economy, in people cooperate meet needs through production , exchange of goods , services. wrong think law made arrangements reduce economic pressure or conflicts, since law fundamental existence of economy. stammler thought unrealistic wait law adjust changes in structure of economy, marxists assert. class struggle showed adjustments not being made. if law being adjusted deal new social stresses there no conflict.

although stammler accepted value of historical or analytical methods in jurisprudence, thought not enough. there must standard or ideal against law can compared determine if meets objectives. pound credits stammler concept legal philosophy should not relate morals , ethics abstract legal rules, since these might not give results in practice. stammler felt objective must achieve results, defined social ideal. stammler thought ideal depended on level of social harmony in place, change on time. law should adapted conform ideal.

although ideal vary 1 age another, remained subject absolute principles of respect , participation.