General Theory of Law and StateReprint 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. |
Contents
| 3 | |
| 15 | |
| 29 | |
Norm and | 39 |
The Legal Norm | 45 |
A Duty and Norm | 57 |
THE LEGAL RESPONSIBILITY | 65 |
Austins Concept of Duty | 71 |
The People of the State | 233 |
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 |
The Legal Right in a Narrow Sense | 77 |
The Right as a Specific Legal Technique | 84 |
COMPETENCE LEGAL CAPACITY | 90 |
The Juristic Person | 96 |
B The Law as a Dynamic System of Norms | 113 |
THE HIERARCHY OF THE NORMS | 123 |
NORMATIVE AND SOCIOLOGICAL JURISPRUDENCE | 162 |
THE LAW AND THE STATE | 181 |
The State as Subject of Duties and Rights | 197 |
THE ELEMENTS OF THE STATE | 207 |
B International Law and State | 341 |
The Unity of National and International Law Monism | 363 |
APPENDIX | 389 |
The Basic Norm of Positive | 395 |
C | 401 |
| 479 | |
| 489 | |
| 497 | |
| 515 | |
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Common terms and phrases
according actually annulled applied authority basic norm central character citizens civil coercive acts cognition competent concept concrete condition considered constitution contents contract contradiction coup d'état courts creation criminal customary law decentralization delict democracy determined dualism duties and rights efficacy elected electoral established executive existence fact federal function Hans Kelsen higher norm idea imputed individual norm international law international legal order international treaty interpretation judicial decision juristic person justice Kelsen law-creating legal community legal duty legal norm legal philosophy legal positivism legal transaction legislative organ lower norm means national law national legal order natural law natural-law doctrine norm created normative jurisprudence party political positive law possible prescribed presupposed principle procedure question reality Recht recognition regulated relation rule sanction secondary norm sense so-called social order sociological jurisprudence sociology of law sphere of validity statute stipulated system of norms territorial sphere tion tional law valid norms violation