General Theory of Law and StateThe Lawbook Exchange, Ltd., 2009 - 516 halaman 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. |
Isi
| 3 | |
| 15 | |
| 29 | |
COMPETENCE LEGAL CAPACITY | 90 |
Nomodynamics | 110 |
B The Law as a Dynamic System of Norms | 113 |
THE HIERARCHY OF THE NORMS | 123 |
NORMATIVE AND SOCIOLOGICAL JURISPRUDENCE | 162 |
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 |
E The international legal community | 325 |
B International Law and State | 341 |
THE LAW AND THE STATE | 181 |
The State as Subject of Duties and Rights | 197 |
THE ELEMENTS OF THE STATE | 207 |
The People of the State | 233 |
The Unity of National and International Law Monism | 363 |
APPENDIX | 389 |
NATURAL AND POSITIVE LAW AS SYSTEMS OF NORMS | 398 |
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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 coup d'état court creation criminal customary law decentralization delict democracy determined 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 Kelsen 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