General Theory of Law and State

Cover
The Lawbook Exchange, Ltd., 1999 - 516 Seiten
Reprint of the first edition. This classic work by the important Austrian jurist is the fullest exposition of his enormously influential pure theory of law, which includes a theory of the state. It also has an extensive appendix that discusses the pure theory in comparison with the law of nature, positivism, historical natural law, metaphysical dualism and scientific-critical philosophy. "The scope of the work is truly universal. It never loses itself in vague generalities or in unconnected fragments of thought. On the contrary, precision in the formulation of details and rigorous system are characteristic features of the exposition: only a mind fully concentrated upon that logical structure can possibly follow Kelsen's penetrating analysis. Such a mind will not shrink from the effort necessary for acquainting itself with...the pure theory of law in its more general aspects, and will then pass over to the theory of the state which ends up with a carefully worked out theory of international law." Julius Kraft, American Journal of International Law 40 (1946):496. Possibly the most influential jurisprudent of the twentieth century, Hans Kelsen [1881-1973] was legal adviser to Austria's last emperor and its first republican government, the founder and permanent advisor of the Supreme Constitutional Court of Austria, and the author of Austria's Constitution, which was enacted in 1920, abolished during the Anschluss, and restored in 1945. He was the author of more than forty books on law and legal philosophy. Active as a teacher in Europe and the United States, he was Dean of the Law Faculty of the University of Vienna and taught at the universities of Cologne and Prague, the Institute of International Studies in Geneva, Harvard, Wellesley, the University of California at Berkeley, and the Naval War College.
 

Inhalt

THE CONCEPT OF LAW
3
B The Criterion of Law Law as a Specific Social Technique
15
Validity and Efficacy
29
Norm and
39
The Legal Norm
45
A Duty and Norm
57
THE LEGAL RESPONSIBILITY
65
Austins Concept of Duty
71
THE ELEMENTS OF THE STATE
207
The People of the State
233
The Competence of the State as the Material Sphere of Valid
242
F The socalled Fundamental Rights and Duties of the States
248
G The Power of the State
255
THE SEPARATION OF POWERS
269
DEMOCRACY AND
283
Autocracy
300

The Legal Right in a Narrow Sense
77
The Right as a Specific Legal Technique
84
COMPETENCE LEGAL CAPACITY
90
The Juristic Person
96
B The Law as a Dynamic System of Norms
113
THE HIERARCHY OF THE NORMS
123
NORMATIVE AND SOCIOLOGICAL JURISPRUDENCE
162
THE LAW AND THE STATE
181
The State as Subject of Duties and Rights
197
E The international legal community
325
B International Law and State
341
The Unity of National and International Law Monism
363
APPENDIX
389
The Basic Norm of Positive
395
C
401
93
479
95
489
Juristic person and representation
497

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Seite 10 - The moment the idea is admitted into society that property is not as sacred as the laws of God, and that there is not a force of law and public justice to protect it, anarchy and tyranny commence.
Seite 9 - THUS, when the Supreme Being formed the universe, and created matter out of nothing, he impressed certain principles upon that matter, from which it can never depart, and without which it would cease to be. When he put that matter into motion, he established certain laws of motion, to which all moveable bodies must conform.
Seite 9 - And consequently as man depends absolutely upon his Maker for everything, it is necessary that he should, in all points, conform to his Maker's will. This will of his Maker is called the law of nature. For as God, when he created matter, and endued it with a principle of mobility, established certain rules for the perpetual direction of that motion ; so, when he created man, and endued him with...
Seite 9 - ... nutrition, digestion, secretion, and all other branches of [*39] rital economy ; are not left to chance, or the will of the creature itself, but are performed in a wondrous involuntary manner, and guided by unerring rules laid down by the great Creator. This, then, is the general signification of law, a rule of action dictated by some superior being...

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