THEORY OF RUDOLPH VON JHERING AND ITS APPLICATION ON CONTEMPRARY ISSUE I.E. MEDIA TRIALS

AUTHOR – BHOOMI JAIN & DEEPANSHI SINGH

STUDENTS AT VIVEKANANDA INSTITUTE OF PROFESSIONAL STUDIES AFFILIATED WITH GURU GOBIND SINGH INDRAPRASTHA UNIVERSITY

BEST CITATION – BHOOMI JAIN & DEEPANSHI SINGH, THEORY OF RUDOLPH VON JHERING AND ITS APPLICATION ON CONTEMPRARY ISSUE I.E. MEDIA TRIALS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (8) OF 2025, PG. 603-609, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This paper explores the jurisprudential contributions of Rudolf von Jhering and applies his sociological theory of law to the modern phenomenon of media trials. Jhering, a 19th-century German legal philosopher, proposed that law should be understood as a practical instrument aimed at securing societal interests rather than a set of abstract principles. His idea of law as a “means to an end” emphasized state-backed coercion and social purpose over mere legal formalism. Central to his theory is the belief that individuals must actively assert their legal rights—a notion he famously captured in The Struggle for Law—to maintain both personal dignity and societal order.

The study analyzes how Jhering’s core concepts—legal consciousness, struggle for rights, and law’s purposive function—resonate within the framework of contemporary media trials. These trials, characterized by heavy media influence on legal proceedings and public opinion, demonstrate how societal forces shape perceptions of justice outside formal courtrooms. Using Jhering’s theoretical lens, the paper evaluates how media trials blur the lines between legal norms and societal narratives, often undermining judicial impartiality and the presumption of innocence.

Two landmark cases—Tourancheau and July v. France and the Weltbühne Trial—are examined to illustrate the practical tensions between press freedom and the right to a fair trial. The paper concludes that while Jhering’s theory offers valuable insights into the societal dimensions of law, its limitations lie in its optimistic assumptions about reconciling conflicting interests. Nonetheless, Jhering’s work remains foundational in understanding how law evolves through societal conflict and maintains its legitimacy through purposive action in a media-driven age.

KEYWORDS

Rudolph Von Jhering, Sociological Jurisprudence, Law And Society, Media Trial, Contemporary Challange