Le situazioni soggettive nelle concezioni strumentali del diritto : un'incusrione teorica tra Jhering e l'Economic Analysis of Law

The paper provides some hints for exploring the relationship between Jhering’s thought and the Economic Analysis of Law, both understood as an expression of the instrumental conception of law. In particular, the conceptual status of subjective rights in each of the two systems of thought is examined, and the conclusion is reached that Jhering’ s conception of rights is much less individualistic and instrumental than that of the EAL. In EAL rights reach a level of instrumentality and ensuing instability that Jhering would never accept.