"Private Law" is a translation of Book III of "The Doctrine of Law and State," providing the detailed outworking in private law of the principles of law developed in Book II, "Principles of Law." In it, the rights of man receive full explanation within the context of higher, God-given legal principles. Thus, for Stahl human rights do not serve as the source of law but as a secondary principle subservient to a higher law. The further outworking of this concept in rights of property, contract, the law of the family, is masterfully laid out. Institutions such as property and marriage are not made the creature of will and contract but are fully explained as given realities which the human will cannot alter. This book constitutes a return to sound principles of private law and an antidote to contemporary emotivism and primacy of the will.
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accordance acquired rights acquisition actions aﬀair basis character Christian church Cited claim concept condition conﬂict consequence contract degree determined divine divorce Doctrine of Law ecclesiastical eﬀect entirely diﬀerent entitlement epikleros equality erty establish ethical ex delicto example existence fact factual ﬁnal ﬁnd ﬁrst ﬁrstly former freedom Friedrich Julius Stahl fulﬁlled fulﬁllment Germanic law goal God’s ground Hegel human individual inequality inﬂuence inheritance justiﬁed Kant latter law of obligation law of property legal institution legal order legal philosophy legal system legislation likewise manner means ment merely moral morganatic marriage mutual natural law object obligation oﬃces one’s origin parents particular party paternal power person Philosophy of Law possession principle protection purpose real rights reason recognized regarding religious restricted riage Roman law ruling authority satisfaction Savigny signiﬁcance speciﬁc spouses Stahl testator thing tion true unconditional union upbringing usucapio usufruct viewpoint violation vocation