General Theory of Law and State
The Lawbook Exchange, Ltd., 1945 - 516 pages
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.
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The Legal Norm
THE LEGAL DUTY
THE LEGAL RESPONSIBILITY
Austins Concept of Duty
The People of the State
Is citizenship a necessary institution?
F The socalled Fundamental Rights and Duties of the States
G The Power of the State
THE SEPARATION OF POWERS
g Administrative procedure
The idea of equality
The Right as a Specific Legal Technique
COMPETENCE LEGAL CAPACITY
The Juristic Person
THE LEGAL ORDER
B The Law as a Dynamic System of Norms
j Validity and efficacy
Nature of Constitutional Law
G General Norms created by Judicial Acts
Guarantees of the constitution
W Holmes and B N Cardozos concept of jurispru
Juristic concept of State and sociology of State
B The Organs of the State
THE ELEMENTS OF THE STATE
b Centralization of execution
NATIONAL AND INTERNATIONAL LAW
Ages and modern times
B International Law and State
h The international responsibility of the State
The Unity of National and International Law Monism
NATURAL AND POSITIVE LAW AS SYSTEMS OF NORMS
E The Impossibility of a Relationship of Delegation between
THE EPISTEMOLOGICAL METAPHYSICAL AND PSY
B The ScientificCritical Philosophy
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according actually analytical jurisprudence applied authority basic norm central character civil coercive acts command competent concept condition conduct considered constitution contents contract corporation court creation criminal customary law decentralization delict democracy determined direct democracy dualism duties and rights efficacy executive existence fact federal function Hans Kelsen higher norm human behavior idea imputed individual norm international law interpretation judicial decision juristic person justice law-creating legal community legal duty legal norm legal philosophy legal positivism legal right legal transaction legislative organ lower norm means national law national legal order natural law norm created normative jurisprudence object party political positive law possible prescribed presupposed principle procedure punishment question reality Recht regulated relation sanction secondary norm sense so-called social order sociological sociological jurisprudence sociology of law specific sphere of validity statement statute stipulated system of norms territorial sphere theory of law tion tional law valid norms vidual violation
Page 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.
Page 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.
Page 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...
Page 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...