A Coherence Theory of Jurisprudence in the Spirit of Jhering: A Restatement, Update, and Defence of Jhering’s Early Methodology

Abstract This essay revisits the early methodology of Rudolph von Jhering. It has often been dismissed due to its heavy metaphysics, unwieldy presentation, and alleged neglect of teleology. But a charitable reconstruction in contemporary terms reveals a coherence theory of jurisprudence that is in many ways superior to current coherence accounts. It emphasises simplicity as a guiding principle in doctrinal construction. I argue that contemporary philosophy of science vindicates its main points. Particularly, simpler theories are not only cognitively economical but also tend to be closer to the truth. Understood as outlining a coherence or unification theory of legal reasoning, Jhering’s Spirit of Roman Law has much in store for contemporary coherentists. It stands out in terms of sophistication, practical usability, and sensitivity to the philosophical and technical difficulties of legal coherentism. It also avoids problems of linguistic indeterminacy that trivialise numerous current coherence theories of law.