Relations or interests are not created by commands
and prohibitions (or, in a word, by a rule of law) any
more than a garden wall makes a garden. The interest
is simply limited by the rule, within which limits it is
protected and guaranteed, and outside of which it is not
guaranteed or protected. The perpetual controversy
whether law protects interests as such, or only the
will to have the object of the interest, may be answered
in this way: The protection of the will is a means, and,
indeed, as it is protection afforded by a rule, is the
characteristic instrument of the law for the protection
of interests. Interests, however, are the essence of
legal rights. Just as the space inclosed and protected
by a garden wall can not be deprived of its character as
space by the wall, so also in "protected interests" the
interest does not cease to exist by withdrawing the pro-
tection. 1



1 With reference to these important controverted questions, the answer
to which has created a profound conflict in modern legal science, the pertinent
matter is found in the writings of Binding, Brins, v. Ihering, Kohler, v. Lisst,
Seydel, Thon and Windscheid. Compare Binding, Die Nor men und ihre
Vbertretung, Leipzig, 1872, 1877, and Handbuch des Strafrechts, Leipzig,
1885, sec. 30; v. Brinz, Pandekten, sees. 18, 123; v. Ihering, Zuteck im
Recht, 1st ed., Bd. I. p. 321; Kohler, Patentrecht, p. 500, and "Recht und
Prowess*' in Grunhut's Zeitschr. f. Privat- u. dfientl. R. d. Gegenwart, Bd.
