General Theory of Law and State

Front Cover
The Lawbook Exchange, Ltd., 2007 - Law - 516 pages
0 Reviews
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.
 

What people are saying - Write a review

LibraryThing Review

User Review  - thcson - LibraryThing

This book is really a unique of example of clear theoretical analysis. The author has an exceptional ability of expressing abstract ideas without resorting to vague and unclear language. Nothing he ... Read full review

Contents

Nomostatics
3
B The Criterion of Law Law as a Specific Social Technique
15
Validity and Efficacy
29
THE SANCTION
50
THE LEGAL DUTY
58
THE LEGAL RESPONSIBILITY
65
Austins Concept of Duty
71
The Right as a Specific Legal Technique
84
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
sonal status
305
Distribution of competence in a federal State and a con
321

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
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
The People of the State
233
The Competence of the State as the Material Sphere of Valid
242
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
Copyright

Other editions - View all

Common terms and phrases

Bibliographic information