General Theory of Law and State

Sampul Depan
The Lawbook Exchange, Ltd., 1945 - 516 halaman
2 Resensi
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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general theory, kelsen

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Nomostatics
3
B The Criterion of Law Law as a Specific Social Technique
15
Validity and Efficacy
29
The Legal Norm
45
THE DELICT
51
THE LEGAL DUTY
58
THE LEGAL RESPONSIBILITY
65
Austins Concept of Duty
71
The People of the State
233
Is citizenship a necessary institution?
241
F The socalled Fundamental Rights and Duties of the States
248
G The Power of the State
255
THE SEPARATION OF POWERS
269
g Administrative procedure
278
The idea of equality
287
Autocracy
300

The Right as a Specific Legal Technique
84
COMPETENCE LEGAL CAPACITY
90
The Juristic Person
96
THE LEGAL ORDER
110
B The Law as a Dynamic System of Norms
113
j Validity and efficacy
122
Nature of Constitutional Law
143
G General Norms created by Judicial Acts
149
Guarantees of the constitution
157
of Law
163
W Holmes and B N Cardozos concept of jurispru
166
Order
172
Behavior determined
178
Juristic concept of State and sociology of State
188
B The Organs of the State
192
THE ELEMENTS OF THE STATE
207
torial status
213
sonal status
305
b Centralization of execution
320
NATIONAL AND INTERNATIONAL LAW
328
Ages and modern times
335
B International Law and State
341
h The international responsibility of the State
355
The Unity of National and International Law Monism
363
APPENDIX
389
NATURAL AND POSITIVE LAW AS SYSTEMS OF NORMS
398
Law
406
E The Impossibility of a Relationship of Delegation between
412
THE EPISTEMOLOGICAL METAPHYSICAL AND PSY
419
attitude
425
B The ScientificCritical Philosophy
433
List of Publications
447
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Tentang pengarang (1945)

Hans Kelsen had a distinguished career at a variety of European universities, and in government services, at Vienna, Cologne, the Institut Universitaire des Hautes Etudes in Paris, and then in Prague. He served as legal adviser to the United Nations War Crimes Commission in Washington, D.C.

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