Abstract

Gering's social utilitarianism links Bentham's individual utilitarianism with two important 20th-century movements: the "jurisprudence of interests" in Germany and Roscoe Pound's sociological jurisprudence. Gering wrote in The Spirit of Roman Law that a legal right is a protected interest. This led him to search for the purpose of law and conclude that every rule of law has a practical purpose. Every job is important. While he believed the human will was free from mechanical causality, he concluded that it is subject to the law of purpose, or that it acts for "reasons" (interests). His arrangement revolves around his interests. Rudolf Stammler attacked economic and historical determinism in his philosophy. He wanted to coordinate various phenomena under one overarching theory, a formal method for determining empirical rule contents. Stamler focused on ethics and law rather than legal rule administration. Under his plan, the jurist faces two problems: authority and the rule of law, and implementing legislation effectively. The state must study social phenomena to achieve just law. Stammler's greatest achievement is functional sociology. He made justice-through-law the social ideal. Stammler studied a community of free-willed men, while Kant studied individuals. He envisioned social cooperation in which individuals merge into communities. He arrived at justice by emphasising individual goals over personal desires. He wanted to replace individualism with a social philosophy of law and add just rule making and adjudication. The sociological jurist should agree fully.

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