The Doctrine of State and the Principles of State Law

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WordBridge Publishing, 2009 - Law - 508 pages
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Friedrich Julius Stahl was one of Germany's leading constitutional scholars in the 19th century, prior to the advent of Bismarck and the establishment of a united Germany. The Doctrine of State and the Principles of State Law is the centerpiece of his magnum opus, the Philosophy of Law. This is the first English-language translation of this key work of legal and political philosophy. It is written from a Christian and conservative background, but cognizant of and generous toward the liberal mainstream of constitutional opinion that characterized his day. Historians, legal scholars, and philosophical fellow-travelers all will gain greatly by perusing this magnificent yet forgotten work.
 

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Contents

Revolutionary Destruction of Municipal Integrity
24
Centralization and Localism
30
The Estates and the Economy
35
The Equality and Inequality of Estates
36
Public and Private Estates
40
State versus Society
41
Economic Theory and its Shortcomings
45
Agriculture
51
The Forms of Industry
52
Trade
53
Balancing Freedom and Restriction of Trade
55
Intellectual Property
56
Guild Corporation Association
57
The Newer Social Theories
59
the Autonomous Individual
60
The Unfeasibility of the Social Theories
62
Their Element of Truth
63
The Nobility
65
The Continuing Function of the Nobility
66
The Legitimacy of the Old Nobility
67
Illegitimate Aspects
68
The Governmental Rights of the Landowner
69
Modernizing the Manorial Institution
70
The Public Status of the Manor
71
The General Doctrine of the State
73
The Public Institutional Character of the State
80
The Purpose of the State
82
The State Restricted to Common Life
87
Role of the State in Morality and History
89
Resistance to State Power
91
Nation and Land
97
The Nation Originates in Blood Continues as Ethi cal Union
98
The Territorial Nature of the State
101
The Origin of the State The Foundation of the Duty of Subjection
105
The Role of Contract in State Formation
106
The Contract Theory of the State
108
The Divine Institution of the State
111
The State as Servant of God
114
Gods Action In and Through the State
115
The DivineHuman Character of the State
116
The Various Presumed Grounds of State Authority
117
State Power
121
The Powers of the State
122
Sovereignty
123
Legislation
124
Government and the Distinction Between Laws and Decrees
125
Judiciary
127
Separation of Powers
129
State Constitution and State Administration
135
Elements of Administration
136
Relation of Constitution and Administration Scope of the Constitution
137
The Constitution of the State
141
The Idea of the Mixed Constitution
142
Inadequate Attempts at Classification
145
The Standard of the Constitution
149
Requirements and Priorities of the Constitution
155
The Mixed Constitution
157
Kingship
161
Hereditary Monarchy
162
The Personality of the Prince and of the State
163
The Basic Law of the State
189
Conditions for a Written Constitution
191
Vague Principle to be Excluded from the Constitu tion
196
Regarding the Distinction Between Constitutional and Other Laws
201
How to Apply the Distinction and How Not to
202
The Distinction Falsely Understood
205
The Distinction is Fundamental to Federalism
207
The Oath to the Constitution and the Cure of
209
Public Offices
217
The Constitution of the Estates of the Realm
227
The Older and the Newer Estates
243
The Constitutions of the French Revolution
263
The EstatesOriented vs the Representative Con
269
The Monarchical Principle
275
Territorial Representation after 1848
315
The Republic
333
Municipalities are Natural Republics
334
Advantages and Disadvantages
335
Institutions for the RightlyOrdered Republic
337
Aristocracy
340
Democracy
341
Public Opinion and the Press
345
Public Opinion as Restraint
346
Censorship versus Freedom of the Press
349
The True Character of the Press and Censorship
356
Practical Inevitability of Freedom of the Press
363
Freedom of the Press since 1848
366
The Declaration of Rights
371
Historical Development
373
Limited Scope of the Declaration of Rights
376
The People and the Doctrine of Popular Sover eignty
381
Popular Sovereignty as Lawlessness
382
Popular Sovereignty is SelfContradictory
384
The Principle of Legitimacy or Continuity
386
The Element of Truth in Popular Sovereignty
388
Of the Right of the People to Rebel
391
The Admissibility and Requirement of Passive Re sistance
396
The Right to Rebellion for the Sake of the Church
398
Rebellion in Exceptional Cases
401
The Revolution Cannot Be Celebrated
405
The Validity of Usurpation
408
The Administration of the State
411
Role of the Representative Body
413
Finances
415
Equitable Taxation
418
Public Welfare
421
Public Welfare Restricted to Common Life
422
Controversy Stemming from Improper Definition
423
Branches of Public Welfare Activity
424
Punishment of Violations
425
Role of the Police
426
The Administration of Justice
427
Judgement by Peers Mediating Power of the Judi ciary
428
No Separation of Powers but Independent Exer cise
429
The Boundaries of Judiciary and Administration 431 173 The Extent of Administrative Decision
431
Exemption Rights
434
The Position of the Judge before the Sovereign
441
Works Cited
451
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