‘ ‘ Start to occupy me of second: the defense of the right constitutes a duty stops with comunidade.’ ‘ (p.58). All need to contribute for justice and the right, therefore in a society the judge is not alone he polices or it, that they fight for the right. The fight for the right if does not arrest to the one only individual, it exceeds this limitation, reaching all that constitute a nation. The justice feeling must be strong and abundant in each one, thus joining forces to constitute a tree of strong roots, to be firm in great storms. In the workmanship, the Roman law is cited as used source to use the laws in the current days, bringing the certain punishment for the crime, showing that the thief I not only wounded the stolen person, but also a set of laws dictated for the State, comparing the objective antijuricidade that only said the restitution of the obligation object, and the subjective one that they require punishment by what was committed, demanding punishment to satisfy the justice feeling and a form of intimidation for other. To summarize, I will say that the characteristic specifies of history of the content of the modern Roman law inhabits in the singular predominance, but until certain point determined for the circumstances, of the simple erudio on the factors that usually determine the evolution and the configuration of the right: the national feeling, the practical one, the legislation.
(p.85) the reply of the materialism it has been the interest, bringing great shunting lines in the jurisprudence, summarizing in injustices. As example a person who confirms a reserve in a hotel and is I banish from the place, a simple indemnity in money, will not cover the constaint of this person. To finish the workmanship, Ihering left well clearly that it is the ethics that disclose the essence of the right, not condemning of form some the fight for the right, but pointing as the right of the individual and society, ‘ ‘ … whenever gifts are found the conditions displayed in this trabalho.’ ‘ (p.94), repeating another time, it shows the importance on the fight and what it represents, ‘ ‘ The fight represents the external work of the right. Without fight it does not have right, in the same way that without work it does not have property. … At the moment where the right resigns to the fight, it renounces itself mesmo.