Quale soglia della giuridicità? Dimensioni della coercizione nel diritto e nella realtà sociale in Rudolf von Jhering

This paper examines the relationship between legal norms and social customs in light of Rudolf von Jhering’s thought. Drawing on the traditional distinction between them based on coercibility, it demonstrates how Jhering, in a pioneering way, identifies a form of social coercion - psychological and sometimes organized - also within the realm of custom. This allows for a reconsideration of the threshold of law, shifting it from mere coercibility to the presence of elementary forms of organization of social coercion. The study contributes to research on the so-called “second Jhering” and, in particular, seeks to offer a renewed reading of Jhering’s legacy, emphasizing his theory of custom [Sitte].